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(영문) 춘천지방법원 2014.11.05 2014노85
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the lower court (one year of suspended execution in six months of imprisonment, a community service order of 80 hours, and an order to attend a law-abiding class of 40 hours) is too uneased and unreasonable.

2. The judgment has a record of serving a defendant who has been sentenced several times to a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving), and the defendant has not been sentenced to two weeks after being sentenced to a suspended sentence in October due to a violation of the Road Traffic Act (non-licensed driving), and thus, again committed the instant crime, etc.; however, the defendant has committed the instant crime, or there is no reason to believe that he/she has committed it against his/her wrong act; the defendant has to consider equality with the case where he/she has judged at the same time as the final and conclusive crime; in light of the motive and background leading up to the instant crime; circumstances leading up to the instant crime; the defendant's age, character and conduct after the crime; and other various conditions of sentencing as shown in the records, such as the defendant's age, character and environment,

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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