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(영문) 수원지방법원 2016.10.28 2016노3507

도로교통법위반(무면허운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unhued and unreasonable.

2. Determination of whether the Defendant was liable for driving a motor vehicle not covered by mandatory insurance without a driver’s license, and the Defendant was subject to criminal punishment on several occasions due to a violation of the Road Traffic Act, etc. In particular, on January 22, 2016, the Defendant committed the instant crime while serving a two-year suspended sentence in October, 2016, which was sentenced to a two-year suspended sentence, even though the said judgment became final and conclusive on January 30, 2016, and later committed the instant crime during the grace period, which is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant’s recognition of all of the instant crimes, and the Defendant appears to be against the duty to provide community service and attend lectures according to the suspension of execution, and (b) the Defendant’s imprisonment with prison labor for which the suspension of the said execution has been imposed upon the Defendant is also a prison term; and (c) the Defendant is somewhat harsh aspect; and (d) other circumstances that are conditions for sentencing specified in the instant case, such as the Defendant’s age, character and behavior, environment, family relationship, and circumstances after the instant crime, it is deemed that the lower court’

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.