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(영문) 창원지방법원 2016.11.24 2016노2400
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. The Defendant, at around 2015, was punished for a fine of KRW 1.5 million while driving without a license after the license was revoked. The Defendant was sentenced to imprisonment for six months for driving without a license for driving without a license for the following reasons: (a) even though he was under the suspended sentence for six months; (b) was driving without a license for the pertinent case; and (c) was deemed to have driven the instant vehicle at the time of the previous crime of driving without a license and the crime of driving without a license for driving without a license; and (d) was disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant led to confession of and reflects on the facts constituting an offense; (b) the Defendant was not subject to regulation by causing traffic accidents; (c) the effect of the existing suspension of execution by sentenceing imprisonment to the Defendant appears to be somewhat harsh; and (d) other circumstances that are conditions for sentencing as shown in the records and arguments of this case, such as the Defendant’s age, environment, character and conduct, motive for committing an offense, and circumstances before and after the commission of the offense

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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