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(영문) 창원지방법원 2013.04.11 2012노2397
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant has been punished several times for the same or similar crimes such as violation of the Road Traffic Act (three times a fine) in the past, and that on May 27, 201, the Busan District Court was sentenced to the suspension of the execution for ten months due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (doing Vehicles) in the Busan District Court's branch branch branch branch branch branch, and the judgment became final and conclusive on October, 201, and again commits the instant crime, the sentence (three million won a fine) declared by the court below is too uneasible and unfair.

2. Taking into account the above circumstances asserted by the Prosecutor, the instant crime does not cause traffic accidents due to the driving of the instant case, and if the Defendant is sentenced to punishment due to the instant case, he/she shall lead a prison life by adding a considerable period of time after the suspension of execution is invalidated. This is somewhat harsh compared to the risk of driving without a license (the Defendant obtained a driver’s license but the license was revoked on April 11, 201), and the Defendant is able to dispose of the instant vehicle and not repeat the instant vehicle, taking into account all the circumstances, including the character, character and environment and environment of the Defendant, the background and consequence of the instant crime, the circumstances after the instant crime, etc., and the sentencing conditions specified in the records and arguments, the Prosecutor’s assertion is not unreasonable. Therefore, the Prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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