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(영문) 창원지방법원 2016.02.04 2015노2245
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment with prison labor for four months and one year of suspended execution) is deemed to be too unfortunate and unfair.

2. The judgment of the court below was just because the defendant was found to have been driving without a license and had the record of being punished once due to driving without a license for drinking. However, the defendant's punishment for driving without a license is merely twice the above two times and there was no record of punishment exceeding a fine, and it is against the defendant's age, sex behavior, environment, circumstances and result of the crime, etc., and considering the sentencing conditions indicated in the arguments, such as the defendant's age, sex behavior, circumstance and consequence of the crime, etc., it cannot be said that the sentencing of the court below is too unjustifiable and unfair.

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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