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(영문) 수원지방법원 2017.04.26 2016노6844

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 (4.5 million won in penalty) is too unhued and unreasonable.

2. The Defendant committed the instant crime without being aware of it during the period of suspension of execution, even though he/she had been subject to punishment four times due to driving under drinking, drinking, and non-exclusive license.

However, the Defendant prepared a lodging place in the company's neighborhood, uses public transportation, and prevents recidivism by employing drivers, etc., and reflects the instant crime in depth.

In full view of the following: (a) the Defendant voluntarily engages in community service activities several times; (b) the previous offense was committed by a person subject to suspended execution; (c) the instant crime was committed by a person without a license for driving; and (d) other various sentencing conditions specified in the instant argument, such as the background of the instant crime; (b) the circumstances after the instant crime; (c) the Defendant’s age; and (d) the Defendant’s sexual behavior; and (c) the Defendant’s sexual behavior; and (d) the Defendant

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.