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(영문) 광주지방법원 2018.06.14 2017노4104
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (for four months of imprisonment, two years of suspended sentence, 80 hours of community service, and 40 hours of lectures to comply) is too uneasy and unreasonable.

2. Determination is an unfavorable condition to the defendant that the defendant has been subject to criminal punishment twice due to drinking, drinking, and driving without a license, even though he/she had a history of being subject to criminal punishment twice due to driving without a license.

On the other hand, the defendant does not commit a second offense against his mistake.

It is advantageous to the point of view.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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