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(영문) 의정부지방법원 2015.08.19 2015노1146
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. The instant crime was committed by the Defendant on May 14, 2013, who was sentenced to a suspended sentence due to a violation of the Road Traffic Act on May 14, 2013, and was committed during the suspended sentence, and the quality of the crime is not good.

However, in full view of the following facts: (a) the Defendant’s mistake is recognized by all, and the Defendant would not commit such crime again; (b) the workplace volunteer fee’s commission was received and operated, and the distance was 500 meters; and (c) the Defendant was punished five times due to the violation of the Road Traffic Act (driving). However, the records of the Defendant’s punishment for driving without a license as in the instant case are only one time; (d) the degree of danger and the reasons for prohibition are different; (e) the driving without a license is not the same as the same crime; (e) the Defendant is the most supported by his wife and university students; and (e) the Defendant’s age, environment, occupation, academic background, motive, method of crime, and consequence, etc., the Defendant’s punishment against the Defendant is too uneasible and unreasonable, taking account of all the sentencing conditions as shown in the instant records and arguments, such as the circumstances after the commission of the crime.

3. Therefore, 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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