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(영문) 춘천지방법원 강릉지원 2017.07.20 2017노113

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. Determination: (a) although the Defendant had been sentenced to a suspended sentence on March 24, 2016 due to drinking or non-licensed driving on drinking, in particular, after being sentenced to a suspended sentence on March 24, 2016, the Defendant committed the instant crime without being aware of it during the suspended sentence period; (b) however, considering the following: (c) the Defendant recognized the instant crime; (d) the driving distance is relatively short; and (e) the Defendant’s age, sex behavior, environment, motive, means and consequence of the instant crime; and (e) other circumstances that are conditions for the sentencing specified in the instant case, such as the circumstances after the commission of the crime, it cannot be said that the lower court’s sentence is too unreasonable.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.