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(영문) 창원지방법원 2017.07.06 2017노693
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. On September 30, 2016, the Defendant was sentenced to a suspended sentence of 8 months on the ground that he was punished three times due to drinking or non-licensed driving (two times a punishment penalty, one time a suspended sentence), and the Defendant was sentenced to a suspended sentence of 8 months due to drinking or non-licensed driving from the Changwon District Court’s branch branch, and was sentenced to a suspended sentence of 2 years on September 30, 2016, and was engaged in driving without a driver’s license and is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s crime; (b) the Defendant was driven for the moving of the employees of the company in which he/she is employed; (c) the instant crime is a mere non-exclusive driver’s license and not controlled by the Defendant by causing a traffic accident; (d) the Defendant supports his/her mother by alone; (e) the Defendant’s wife and his/her employees want to have his/her wife; and (e) other circumstances that form the condition for sentencing as shown in the instant records and arguments, including the Defendant’s age, environment, sexual conduct, circumstances before and after the crime; and (e) the punishment imposed by

Even if it is not so unfair that it should be destroyed.

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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