beta
(영문) 수원지방법원 2016.11.02 2016노3415

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The judgment of the defendant has a record of criminal punishment for 16 times, including the past record of seven times of punishment for a violation of the Road Traffic Act (unlicensed driving). In particular, the fact that the defendant committed the instant crime without being aware of the fact that he/she was sentenced to a two-year suspended sentence for a year of imprisonment due to a violation of the Road Traffic Act, even though he/she was sentenced to a two-year suspended sentence due to a violation

However, in full view of the following circumstances: (a) the Defendant is recognized as committing the instant crime; (b) the Defendant’s sentence is contrary to the recognition of the instant crime; (c) the Defendant’s imprisonment with prison labor, the execution of which was suspended, is also harsh; and (d) the Defendant’s age, character and conduct, environment, family relationship, and other circumstances that are the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, family relationship, etc., the Prosecutor’

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.