beta
(영문) 수원지방법원 2018.05.09 2017노8611

자동차손해배상보장법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 7,00,000) is too unhued and unreasonable.

2. The judgment of the defendant has a record of being punished several times for the same crime, and accordingly repeating the crime of this case in two months during the period of imprisonment with prison labor is disadvantageous.

However, in consideration of the favorable circumstances, such as the fact that the defendant's mistake is divided and against himself, the fact that the defendant does not repeat the crime, the fact that the person is confined in the elevator at the time of the instant case, and the reason that the person was driven while making an urgent mobilization, there are circumstances to consider the situation. Considering the favorable circumstances, such as the fact that the driver did not cause an accident due to driving without a license of this case, and all kinds of sentencing conditions indicated in the instant case, such as the age, sex behavior, environment, the circumstances and result of the instant crime, the circumstance after the instant crime, etc., the prosecutor's above assertion has no merit.

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.