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(영문) 광주지방법원 2015.12.22 2015노882
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (two months of imprisonment, two years of suspended execution, two years of probation, community service, 80 hours of imprisonment) is too unhued and unreasonable.

Judgment

The defendant has been punished several times due to driving without a license, and it is disadvantageous to him.

However, in full view of the favorable circumstances, such as the fact that the Defendant had no record of criminal punishment since 2010, the fact that the Defendant commits a mistake, the fact that the Defendant supports the aged aged 86, and other various sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, it cannot be deemed that the lower court’s punishment is too unjustifiable and unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.

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