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(영문) 창원지방법원 2014.12.11 2014노1833
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal lies in the past that the defendant was punished several times for the violation of the Road Traffic Act (one time a suspended sentence of imprisonment, and four times a fine) or the violation of the Road Traffic Act (one time a suspended sentence of imprisonment), and in particular, in the Changwon District Court's smuggling on March 27, 2014, the defendant was sentenced to the suspension of the execution of ten months for the violation of the Road Traffic Act (one time a suspended sentence of imprisonment), and was sentenced to the suspension of the execution of ten months for the reason of the violation of the Road Traffic Act (one time a suspended sentence of imprisonment), and again commits the instant crime, even though the judgment became final and conclusive on April 4, 2014, it is unfair to view that the punishment (three million won a fine) imposed by the court

2. Taking into account the circumstances alleged by the Prosecutor, the Defendant confessions and reflects the fact that the instant crime is simplelessless driving, and the Defendant was revoked on May 26, 2012, and thus, it is difficult to view that the Defendant itself is highly dangerous in driving without obtaining a driver’s license, and the Defendant does not repeat again. In full view of all the circumstances, including the Defendant’s character, character and environment, the background and result of the instant crime, and the circumstances after the instant crime, etc., and the sentencing conditions as indicated in the records and arguments, the lower court’s sentence cannot be deemed unfair, and thus, the Prosecutor’s allegation above is without merit.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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