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(영문) 창원지방법원 2016.11.17 2016노2313
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too uneased.

2. The defendant was sentenced to a total of four times of punishment for the same crime. In particular, in June 2014, he was sentenced to a suspended sentence of two years, and even during the suspended sentence of six years, he was under the suspended sentence of this case, and therefore, he was under the suspended sentence of this case, it is not necessary to punish the defendant strictly.

(However, the current period of suspension of execution is too excessive): Provided, That the circumstances favorable to the defendant should be considered in light of the fact that the defendant confessions the crime and reflects the fact of the crime, the distance of unauthorized driving is about 100 meters, and there is no other damage such as traffic accident.

In addition, considering the overall circumstances, the lower court is deemed to have determined the sentence against the Defendant by taking into account the Defendant’s age, environment, character and conduct, motive of the crime, and circumstances before and after the crime, and considering the various circumstances, which are the conditions of sentencing as shown in the records and pleadings of this case, it is not recognized that the lower court’s punishment is too unab

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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