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(영문) 서울중앙지방법원 2018.10.18 2018노1830
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (3 million won in penalty) imposed by the court below is too unfased.

2. In the judgment, the Defendant had been already punished twice by driving without a license in 2003 and 2010, and on July 13, 2017, the Defendant was sentenced to two years of imprisonment for special larceny, special larceny, and special larceny, and three years of suspended execution on March 22, 2018, which became final and conclusive on March 22, 2018, and repeated crimes of the same kind without being aware of during the suspended execution. Furthermore, the Defendant was subject to a summary order of KRW 1.5 million on February 25, 2018, which was one month prior to the date of the instant crime, from the date of the instant crime, and was controlled by driving on February 25, 2018, which was issued a summary order of KRW 1.5 million by the Incheon District Court Decision 2018 High Court Decision.

The fact that the driver's license has been suspended is disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant recognized the facts of the crime, and the last time has elapsed from the point of punishment due to driving without a license, as well as all the sentencing conditions indicated in the records and changes of the case, such as the age, sex, environment, and circumstances after the crime, the punishment imposed by the court below is too uneasible and unfair.

The prosecutor's above assertion is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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