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(영문) 전주지방법원 2016.06.23 2016노101
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (6 months of imprisonment and 2 years of suspended sentence) is too unfluened and unreasonable.

2. The judgment below is recognized that the Defendant committed the instant crime after the expiration of the suspension period, even though he was sentenced to imprisonment for one year due to the violation of the Road Traffic Act (unlicensed Driving) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) in the Jeonju District Court Support on July 3, 2013.

However, in full view of the following: (a) the Defendant recognized the instant crime and subsequently did not repeat the crime; (b) there is a family member to support; (c) the health of the Defendant is not good; (d) drinking driving or traffic accidents do not compete; and (e) the Defendant’s age, sexual conduct, environment; (b) the process and motive leading to the instant crime; and (c) the circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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