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(영문) 수원지방법원 2017.07.19 2017노1084

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Considering the fact that the defendant committed the instant crime even if he/she had a previous record of multiple times, strict punishment against the defendant is needed.

However, in full view of the following facts: the Defendant’s mistake is divided, the Defendant did not cause traffic accident by driving without the license of this case; the Defendant’s driving without the license of this case may take into account the circumstances surrounding the Defendant’s operation without the license of this case; the Defendant’s age, sex and family environment, motive, means and consequence of the crime; and the various sentencing conditions specified in the argument of this case, such as the Defendant’s age, sex and family environment, motive, means and consequence of the crime, etc., it is not recognized that the lower court’s punishment is too uneasible and unfair; thus, the Prosecutor’s assertion

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.