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(영문) 수원지방법원 2017.05.31 2016노7705

자동차관리법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (as to the crimes Nos. 1, 3, 4, and 5 as indicated in the judgment of the court below, fines of KRW 7 million for the crimes, and fines of KRW 3 million for the crimes No. 2 as indicated in the judgment of the court below) is too unfied and unfair.

2. Although the Defendant had a number of records of traffic-related crimes, the Defendant committed a non-licensed driving crime on two occasions during the period of suspension of execution due to traffic-related crimes.

However, the defendant recognizes his mistake and is in profoundly against himself.

As the crime of violation of the Automobile Management Act and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes for which judgment has become final and conclusive, the punishment shall be determined after examining whether to reduce or exempt the punishment in accordance with Article 39(1) of the Criminal Act, in the relation of concurrent crimes after Article 37 of the Criminal Act, and considering equity in cases where a judgment is simultaneously rendered pursuant to Article 39(1

The Defendant did not cause an accident due to driving without a license of this case.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. The prosecutor's appeal is dismissed ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure. Since each of the "paragraph 1" of Paragraph 3 of the judgment of the court below is obvious that it is a clerical error in Paragraph 4 of the judgment of the court below in accordance with Article 25 (1) of the Rules on Criminal Procedure, it is ordered to correct