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(영문) 수원지방법원 2018.05.23 2017노9105

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. It is recognized that the Defendant committed the instant crime without being aware of the fact that the Defendant did not merely drive a license without permission and caused physical damage by shocking the parked vehicle, had the record of being punished several times due to the same traffic-related crime of driving without a license, and in particular, committed the instant crime without being aware of the fact that the Defendant committed the instant crime even though he/she was under suspension of execution

However, in full view of the fact that the Defendant recognized his mistake and is in profoundly against the Defendant, and the circumstances of the instant crime, the circumstances after the commission of the crime, the age of the Defendant, sexual conduct, and environment, etc., the lower court’s punishment is too low and is not recognized as unfair, and thus, the Prosecutor’s assertion is without 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.