beta
(영문) 수원지방법원 2016.11.25 2016노4926

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 several times, including the past of four times of punishment for driving without a license (including one-time punishment), and, in particular, the defendant committed the instant crime during the grace period after being sentenced to a two-year sentence of imprisonment with prison labor for drinking driving for eight months.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and is contrary to the recognition of the Defendant; (b) the Defendant disposed of the vehicle operated by the Defendant and did not repeat again; (c) the imprisonment for which the execution was suspended upon the sentence of the Defendant was imposed is also a prison term; and (d) the Defendant is somewhat harsh aspects of the Defendant; and and (e) other circumstances that are conditions for sentencing specified in the instant case, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, the Prosecutor’s above assertion of unfair sentencing is not acceptable

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.