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(영문) 광주지방법원 2015.09.10 2015노146
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

Judgment

It is an unfavorable sentencing factor, such as the defendant's previous conviction, and the defendant committed the crime of this case during the period of probation.

However, it is a favorable sentencing factor such as the fact that the defendant recognized his mistake, that the defendant must support his children with mental disorder, and that the defendant does not seem to be responsible for the occurrence of a traffic accident.

In addition, considering the circumstances leading up to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., as a whole, it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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