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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
부산지방법원 2013.08.16 2013노1217
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. The judgment is recognized that the defendant has many records of the same crime, such as being sentenced to a fine of 4 million won on June 23, 2010 and a fine of 1 million won on December 8, 2010 by the same court at the Busan District Court on March 22, 2010 due to a violation of the Road Traffic Act (driving) at the Busan District Court on June 23, 2010, and the same court at the same court on December 8, 2010, as being sentenced to a violation of the Road Traffic Act (unlicensed Driving). In particular, on August 10, 2012, the same court was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (Unlicensed Driving) and committed again during the suspended sentence period without being familiar with the said judgment on August 18, 2012.

However, the crime of this case is committed on Saturdays by the defendant responsible for the maintenance and repair of the Internet Communications Corporation.

In light of the fact that there is no other party on duty and there is a reason to consider the situation that the vehicle is driven by the company due to the emergency call of the customer while there is no other party on duty, and the circumstance that the vehicle is driven by the company is recognized, the defendant recognizes the crime and reflects depth, and the court below also seems to have selected the fine by taking into account the above favorable circumstances and unfavorable circumstances of the defendant, and then the court below's decision is deemed to have sentenced the statutory highest punishment by taking into account all other circumstances that form the conditions for sentencing specified in the records, such as the defendant's age, environment, occupation

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