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(영문) 의정부지방법원 2017.09.25 2017노1303

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (an amount of KRW 3 million) is too uneasy and unreasonable.

2. Determination is that the Defendant was punished for a crime of violating the Road Traffic Act (drinking). On June 10, 2016, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking driving), and was committed the instant crime even during the grace period of six months. However, the Defendant’s non-licensed driving power was only once in 201, and is against the instant crime. Considering the circumstances leading to the instant crime, the circumstances leading up to the instant crime, the Defendant’s age, sexual behavior, environment, etc., the lower court’s sentence cannot be deemed unfair because it is too unreasonable.

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.