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(영문) 전주지방법원 2013.12.13 2013노1097
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall sentencing conditions in the grounds for appeal, the sentence of the lower court (fine 3,000,000) is too unhued and unreasonable.

2. In light of the fact that the defendant had been punished seven times (one suspended sentence and six times of fines) for the same crime, and in particular, even though he had been sentenced to two years of suspended sentence for the violation of the Road Traffic Act (unlicensed Driving) in the Jeonju District Court's mountain support on September 21, 2012, he/she repeatedly committed the crime of this case during the period of suspended sentence, he/she should be punished strictly by the defendant in light of the fact that he/she repeatedly committed the crime of this case during the period of suspended sentence.

However, in full view of various sentencing conditions of Article 51 of the Criminal Act as stated in the records, such as the Defendant’s recognition of the instant crime and his depth is against the Defendant’s depth, the distance of operation is relatively short, the Defendant must support the mother who is a third-class physically disabled person, and the Defendant’s age, character and conduct, environment, criminal record, criminal record relationship, circumstances leading to the Defendant’s instant crime, means and consequence, and the situation before and after the instant crime, etc., the Prosecutor’s assertion of unfair sentencing is without merit.

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

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