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(영문) 광주지방법원 2021.01.27 2020노306
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The Defendant had a record of being punished several times due to drinking or non-licensed driving, and was driving again during the period of repeated offense due to drinking driving.

The defendant caused a traffic accident and caused a physical damage.

However, the defendant shows the way to recognize and reflect the crime, and is willing not to repeat the crime by scrapping all vehicles.

The defendant has no record of being punished for driving without a license for the last ten years.

In addition, considering the various circumstances, such as the defendant's age, sex, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, it is difficult to view the sentence of the court below as being too uneasible and illegal.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, 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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