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(영문) 광주지방법원 2014.11.06 2014노859
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of community service) of the lower court is deemed to be too unhued and unreasonable;

2. There are many kinds of records that the defendant was punished for the same crime, especially in light of the fact that the Gwangju District Court sentenced a suspended sentence to the crime of violation of the Road Traffic Act (unlicensed Driving) on August 30, 2012 at the Gwangju District Court, which became final and conclusive on September 7, 2012, and the fact that it seems that the driver had been engaged in a suspended sentence, and even if he had been on September 7, 2012, it seems that there seems to be no previous situation. However, it appears that the defendant recognized the instant crime, and that the defendant would not repeat again by selling the instant vehicle, and that the defendant would not repeat again by selling the instant vehicle, and all of the sentencing conditions indicated in the instant case, such as the defendant's age, character and behavior, the background and consequence of the instant crime, and the circumstances after the crime, etc., the prosecutor's assertion is not reasonable

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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