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(영문) 광주지방법원 2016.05.04 2015노2640
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Determination is based on the following: (a) the Defendant was sentenced to imprisonment with prison labor for a period of one year and six months on November 26, 2012, for a crime of causing injury to the performance of special duties on the part of the Defendant; (b) a violation of the Road Traffic Act (unlicensed driving); and (c) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act (d) and a violation of the said Act (d) and

However, in full view of the fact that the defendant again does not drive a non-licensed driving, the defendant did not cause an accident due to the non-licensed driving of this case, the defendant did not have any history of punishment for non-licensed driving except for the punishment for the suspended execution, the defendant is responsible for supporting the mother, wife, her children, her wife, etc., and other various sentencing conditions specified in the argument of this case, such as the background of the crime of this case, circumstances after the crime, the defendant's age, sexual behavior, environment, etc., the court below's punishment is too unjustifiable and it is not recognized that the prosecutor's assertion is unfair, and therefore, the prosecutor's assertion is without merit.

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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