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(영문) 수원지방법원 2014.12.15 2014노5500

도로교통법위반(무면허운전)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (a fine of three million won) is too unreasonable.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the Defendant was sentenced to a fine four times due to driving without a license and a one-time suspension of the execution of imprisonment, and was sentenced to a punishment for eight months due to a violation of the Road Traffic Act (non-licensed driving) around 2012, and again committed the instant crime during the repeated crime. However, even though the Defendant was sentenced to a punishment for a violation of the Road Traffic Act (non-licensed driving), it cannot be deemed that the lower court’s punishment is too heavy or unreasonable, taking into account the following factors: (a) the Defendant is in profoundly against his/her mistake; and (b) there are other circumstances to take into account the circumstances surrounding the instant crime; and (c) the Defendant’s age, character and behavior, environment, motive and circumstance before

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is