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(영문) 대전지방법원 2013.04.03 2012노2243
자동차손해배상보장법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. In light of the fact that the Defendant committed the instant crime, etc., the punishment (one million won of a fine) imposed by the lower court is too unreasonable.

B. In light of all the circumstances, such as the fact that the prosecutor has been punished for the same kind of crime, such as two times a sentence and two times a suspended sentence, the sentence of the court below against the defendant (one year of imprisonment) is too uneased and unfair.

2. The judgment of the court below is based on the following facts: the Defendant driven about 3 km freight cars owned by the Defendant without a driver's license, and the Defendant has the ability to be sentenced twice to imprisonment for the same kind of crime, one suspended sentence, and six fines for the same crime; on March 14, 2009, the Defendant was sentenced four months to imprisonment for the same crime on July 5, 2009, and again committed the crime of this case during the repeated crime period after the completion of the sentence, and there is a weak awareness of compliance with traffic law and light of legal order: Provided, That the Defendant was guilty; the Defendant was injured by heavy injuries caused by the Defendant's non-licensed driving of this case; the Defendant's age, character and environment, the circumstances of the Defendant's crime of this case, and the circumstances before and after the crime of this case were committed, and there is no reason for the court below to strictly punish the Defendant by taking into account the following circumstances.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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