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(영문) 서울북부지방법원 2017.12.05 2017노1532
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to three million won) is deemed unreasonable.

2. Determination is an unfavorable circumstance to the defendant that the defendant has been punished twice for a violation of the Road Traffic Act (drinking driving) and five times for a violation of the Road Traffic Act (dacting driving).

On the other hand, the defendant acknowledges and reflects his mistake in the trial.

On June 11, 2008, the defendant has no record of being punished for the same kind of crime after he/she was punished as a crime of violating the Road Traffic Act (unlicensed Driving).

In addition, taking into account the various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence is too uneasible and unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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