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(영문) 서울동부지방법원 2014.04.04 2013노1515
도로교통법위반(무면허운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the penalty imposed by the court below on the defendant (the fine of KRW 800,000).

2. In the context where the instant vehicle was not covered by mandatory insurance, the victim was unable to receive any compensation due to the instant accident, and the Defendant was unable to recover damage to the victim or receive any usage. However, there are some circumstances unfavorable to the Defendant, such as that the Defendant was a senior citizen of 83 years of age who has rendered distinguished service to the State at the time of the Korean War, and was unable to receive any support from his children, thereby making it difficult to make a living difficult by being under the subsidy and old age pension every month. The circumstances favorable to the Defendant, such as the fact that the Defendant was punished within 10 years of age, and that there was no physical damage due to the instant accident, and that there was relatively minor damage, even though the damage was incurred due to the instant accident, are considered in light of the motive and circumstances leading to the instant crime, the circumstances before and after the commission of the crime, the Defendant’s age, character and behavior, environment, occupation and family relation, etc., the sentence imposed by the lower court is too

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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