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(영문) 수원지방법원 2018.04.11 2018노1352

도로교통법위반(무면허운전)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

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

2. The fact that the defendant's mistake is divided and reflected in his/her own mistake, and that he/she does not repeat the crime is a favorable situation.

However, the Defendant did not obtain a driver’s license, and was punished four times due to driving without a license, and repeated the instant crime without being aware of the fact that the Defendant had been in the suspension period of the execution of imprisonment, and the circumstances favorable to the Defendant in the lower court appears to have been considered. In full view of all sentencing conditions of the instant case, including the Defendant’s age, sex, environment, background and consequence of the instant crime, and circumstances after the sentence of the lower judgment, the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s assertion is without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.