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(영문) 부산지방법원 2015.09.04 2015노1133
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. It is recognized that the Defendant committed the instant crime even though he/she was sentenced to a fine due to a large number of criminal records of the same kind due to a drunk driving, and that the distance of the Defendant’s driving without a license is considerable.

However, the Defendant recognized all of the instant crimes and reflects on the fact that the instant crime is simply a licenseless driving, which does not cause the second and third damages due to the Defendant’s accident, and the Defendant’s previous convictions due to a non-licenseless driving is just one time, and the lower court appears to have rendered a relatively more severe punishment than other punishment examples of the same crime, taking into account the circumstances unfavorable to the Defendant, and taking into account other circumstances, the lower court’s age, environment, family relationship, circumstances leading to each of the instant crimes, and circumstances before and after the instant crimes, etc., it does not seem that the lower court’s punishment is unreasonable as it is too unreasonable.

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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