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(영문) 부산지방법원 2019.09.19 2019노1919
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court: (a) imposed a sentence on the Defendant in consideration of the following: (b) the Defendant had the record of having been sentenced to imprisonment for a drunk driving and without a license driving in 2009; (c) the Defendant was placed in the line of suspended execution due to a drunk driving; (d) the Defendant had been placed in the line of suspended execution but was placed in the line of suspended execution; (e) the Defendant’s non-license driving record was ten (10) years; (e) the Defendant’s health status was not good; (e) the Defendant’s short driving distance is short; and (e) the Defendant expressed his intent to not drive a motor vehicle; and (e) the Defendant was too harsh

In addition, comprehensively taking into account various sentencing conditions, such as the Defendant’s age, character and conduct, background of the crime, and circumstances after the crime, as shown in the argument of the court below and the party hearing, the sentence imposed by the court below is given within the reasonable scope of discretion, and is not easy.

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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