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(영문) 의정부지방법원 2017.09.14 2017노1779
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The judgment of the defendant has a large number of criminal records of the same kind due to driving without a license for drinking, and the crime of this case is recognized as being committed during the period of probation due to drinking driving.

However, the Defendant scrapped the vehicle used for the instant crime, and the final unauthorized driver's license was in 2009 and a considerable period of time has elapsed thereafter.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too uneasible and unfair.

Therefore, prosecutor's assertion is without merit.

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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