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(영문) 창원지방법원 2013.04.11 2012노2298
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant has been punished several times due to drinking or unlicensed driving, and it seems that the defendant continues to commit the same kind of crime without punishing the defendant considering the fact that he/she had been under suspension of execution due to driving without obtaining a license, etc., and that considering the criminal records of the defendant, etc., it is unfair that the punishment of the court below (three million won of a fine) imposed by the court below is too uneasible.

2. On July 25, 2012, the Defendant was sentenced to two years of suspension of the execution on August 2, 2012 to imprisonment for violating the Road Traffic Act (unlicensed Driving) in Changwon District Court subsidies on July 25, 2012, and was under the suspension of the execution at the time of the instant crime. The Defendant again committed the instant non-licensed driving after one month from the time the said judgment was sentenced, and the Defendant again committed the instant crime after one month from the time of the said judgment. In addition, the Defendant was punished four times due to the same or similar crime, such as the violation of the Road Traffic Act (unlicensed Driving). However, the instant crime did not cause a traffic accident by a mere without a license. The circumstances leading up to the detection of the instant crime do not seem to have shown that the Defendant, who was the south of the Defendant, was a witness without a license, and reported it to the Defendant, and the Defendant did not repeat the license, and the circumstances and circumstances leading up to the Defendant’s allegation that the Defendant did not own the freight and the instant crime.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit.

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