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(영문) 수원지방법원 2016.09.02 2016노1605

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of a fine) is too unhued.

2. Not only has the record of having been punished several times for the same crime even before, but also the quality of the crime in this case is not good during the suspension period of execution due to drinking and unlicensed driving crimes. Meanwhile, the defendant led to confession of the crime in this case and reflects his mistake, the distance from driving by the crime without a license in this case is relatively long, and the defendant is driving the cargo for his livelihood, and the defendant is seeking the cargo for his livelihood, there is no special circumstance to change the sentence of the court below, and there is no other circumstance to change the sentence of the court below in light of the defendant's age, character, character, intelligence and environment, motive and background of the crime in this case, method, method, and consequence, circumstances before and after the crime, and criminal record relation, etc., the prosecutor's allegation of unfair sentencing is not accepted.

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