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(영문) 광주지방법원 2016.09.28 2016노765
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won for each crime as stated in the judgment of the court below) that the court below rendered is too uneased and unreasonable.

2. The Defendant, on August 27, 2015, sentenced one year of suspended sentence to one year of imprisonment due to a violation of the Traffic Act (unlicensed driving) on the road on the grounds of a violation of the Road Traffic Act, and committed a crime of unlicensed driving even during the process of the said trial. The Defendant committed a crime of repeatedly committing a non-licensed driving without any distance, such as committing a crime of repeatedly committing an illegal driving without a license, even though he/she was investigated by the prosecution due to the crime of unlicensed driving.

On the other hand, the fact that the defendant properly recognizes his mistake and disposes of the motor vehicle used for the crime of this case, etc. is seriously against the defendant. In the case of paragraph (1) of the decision of the court below, the balance between the case as stated in the first head of the crime of this case as stated in the judgment of the court below and the case as judged shall be considered, and the defendant seems to be not suitable at present

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the sentence imposed by the lower court is too unfasible and it is not deemed unfair.

3. In conclusion, 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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