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(영문) 창원지방법원 2014.11.20 2014노1826
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the Defendant had been punished several times due to a violation of the Road Traffic Act or a violation of the Road Traffic Act (limited to one time a suspended sentence of imprisonment, and four times a fine); and (b) in particular, on July 17, 2013, the Changwon District Court sentenced the Defendant to a suspended sentence of one year for six months, due to a violation of the Road Traffic Act (driving) at the Changwon District Court on July 17, 2013; (c) and (d) again committed the instant crime, even though the said judgment became final and conclusive on July 25, 2013, it is in the period of suspended sentence, and thus, (e) the sentence (three million won a fine) imposed by the lower

2. Taking into account the circumstances alleged by the Prosecutor, the Defendant’s confession and reflects; the crime of this case is relatively short of the distance of the Defendant’s driving due to a simple unauthorized driving; the Defendant said that the Defendant would not repeat again; and in full view of all other circumstances, such as the character, conduct and environment of the Defendant; the background and result of the crime of this case; and the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unreasonable, and thus, the prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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