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(영문) 창원지방법원 2013.06.13 2013노337
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant had been punished several times for the violation of the Road Traffic Act (4 times of fine) in the past, and that the defendant was sentenced to the suspension of the execution on June 30, 2012 by the Changwon District Court on June 22, 2012, and was sentenced to the suspension of the execution on June 30, 201 and the judgment became final and conclusive on June 30, 2012, and again committed the instant crime, and the facts of the crime of perjury are that the defendant committed the instant crime. In light of the fact that the defendant denied the driving of alcohol at the trial of the case of violation of the Road Traffic Act (Act No. 2011No1204 by the Changwon District Court Decision 201No1204 against the defendant, and the nature of the crime is poor and the risk of recidivism is high, it is unfair that the fine (3 million won of fine) imposed by the court below is too unflu

2. Taking into account the circumstances alleged by the prosecutor, the instant crime is not a mere unauthorized driving, causing traffic accidents due to the instant driving, and when the Defendant is sentenced to a sentence due to the instant crime, he/she should lead a prison life by adding a considerable period of time after the suspension of execution is invalidated. This is somewhat harsh compared to the risk of unlicensed driving (the Defendant obtained a driver's license but revoked on October 16, 201). The Defendant is led to confession and reflect, the Defendant’s wife is faced with extended disease, and the Defendant is in a position to be responsible for the livelihood of his/her hospital and his/her family. In full view of the circumstances favorable to the Defendant, the Defendant’s personality, behavior and environment, the background and result of the instant crime, the circumstances after the instant crime, etc., and all the conditions of sentencing as shown in the oral argument, the Prosecutor’s assertion is without merit. Therefore, it is not reasonable for the prosecutor’s aforementioned assertion.

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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