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(영문) 의정부지방법원 2013.08.02 2013노726
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The judgment of the defendant has the career of being punished several times for driving without a license, and this case was committed during the suspension period of execution, such as the crime of violation of the Road Traffic Act (non-licensed driving). However, although the defendant confessioned the facts charged in this case, and made the defendant not to drive again, and disposed of a vehicle to another vehicle, this case is a simple non-licensed driving case, which is only 60 meters of driving distance, and considering all the sentencing conditions as shown in the records and arguments of this case including the defendant's age, character and behavior, environment, motive and circumstance leading to the crime in this case, and circumstances after the crime, etc., the prosecutor's above assertion is without merit.

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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