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(영문) 의정부지방법원 2014.10.23 2014노1707
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the lower court (two months of imprisonment, two years of suspended execution, and forty hours of an order to attend a law-abiding lecture) is too uneased and unreasonable;

2. The Defendant’s non-licensed driving record at least five times, and the Defendant’s non-licensed driving record at least one time shows a unfavorable condition, such as the period of suspension of execution. However, the Defendant appears to reflect the instant crime. In general, it is reasonable that the level of punishment is relatively low, and in light of all the sentencing conditions indicated in the instant records, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, it cannot be deemed that the sentence of the lower court against the Defendant is too unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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