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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2013.11.28 2013노3374
도로교통법위반(무면허운전)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (three million won of a fine) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. In full view of all the circumstances, including Defendant’s age, health status, character and behavior, environment, circumstance of this case, and circumstances that are the conditions for sentencing, etc., the lower court’s punishment is too heavy or unreasonable, considering the following: (a) Defendant was punished twice for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (dominated Vehicle) at the time of the instant crime; (b) Defendant was in the instant crime without being aware of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (dominated Vehicle) even though she had committed the instant crime and had been under the suspension of execution period; (c) Defendant was under the influence of causing traffic accidents; and (d) Defendant was under the influence of having been punished for the violation of the Road Traffic Act (dominated Driving).

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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