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(영문) 창원지방법원 2015.08.13 2015노1094
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. Although it is recognized that the Defendant committed the instant crime during the suspended execution period with a majority of the criminal records identical to the Defendant, and that the instant crime was not a driver without a license for living, and that the previous driver without a license is likely to continue to operate his/her license while changing his/her license plate, the Defendant’s failure to commit the instant crime is against the erroneousness while being committed, the Defendant was found not guilty, and the Defendant was discovered as a driver without a license, but did not cause an accident. The Defendant disposed of the vehicle under the name of his/her spouse who was driving without a license of this case, and other various circumstances, including the Defendant’s age, environment, character and conduct, motive for the instant crime, and the circumstances before and after the instant crime, are considered as inappropriate.

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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