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(영문) 의정부지방법원 2015.05.08 2015노251
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the lower court (three million won of a fine) is too unfilled.

2. Determination as follows: (a) Defendant was subject to criminal punishment for committing a crime of violation of the Road Traffic Act, such as driving without a license, etc.; and (b) in particular, during the suspended execution period due to driving without license, the Defendant is highly likely to be subject to criticism, etc.; and (c) the Defendant is

However, in full view of the following circumstances: (a) the Defendant reflects his mistake; (b) the Defendant has no record of being subject to criminal punishment for other crimes except the violation of the Road Traffic Act; (c) the Defendant has been detained for about 40 days due to the instant crime and seems to have sufficiently impaired the seriousness of punishment due to the repetition of driving without a license; (d) the Defendant is liable for the livelihood of the elderly and his/her children; and (e) other circumstances, such as the Defendant’s age, character and behavior, intelligence and environment, motive and background of the instant crime, circumstances after the instant crime, and family relationship, etc., the Defendant’s sentence imposed by the lower court is deemed to be unreasonable as it is deemed that the Defendant’s punishment is too unreasonable and excessive. Therefore, the Prosecutor’s assertion is

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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