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(영문) 서울중앙지방법원 2015.09.17 2015노2977
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (a fine of three million won) against the Defendant in the summary of the grounds for appeal is too unhued and unreasonable.

2. In light of the fact that the Defendant had been punished several times for the same crime, but the Defendant again committed the crime of this case during the suspension period of execution, etc., the Defendant’s liability for the crime of this case is somewhat harsh, considering the fact that the Defendant was sentenced to the Defendant’s punishment in light of the background of driving without the license of this case and the driving distance, etc., it is somewhat harsh to invalidate the suspension of execution. In full view of all the sentencing conditions as shown in the records and arguments including the Defendant’s age, character and behavior, environment, and circumstances after the crime, etc., it cannot be deemed that the Defendant’s punishment imposed by the lower court is too unjustifiable and unreasonable.

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

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