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(영문) 수원지방법원 2018.10.10 2018노2820
도로교통법위반(무면허운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of suspended execution in October, and two years of probation, observation of protection, and 40 hours of lecture for compliance driving) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the Defendant committed the instant crime by using the same vehicle as at the time of the respective unlicensed driving in 2014 and 2016 even though the Defendant had been under several criminal punishments, including the suspension of the execution of imprisonment due to driving without a license, and the fact that the Defendant continued to commit the instant crime without a license without obtaining a driver’s license, is an unfavorable condition against the Defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized his mistake and reflects his depth, the fact that the defendant is driving without a license and did not cause a traffic accident, the fact that he is trying to prevent recidivism by disposing of the instant sea vehicle, etc., the fact that he has no criminal record of imprisonment, the fact that he has no criminal record of punishment, the fact that he must support a minor, along with his spouse, and the fact

In addition, considering the Defendant’s age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or is not unreasonable because it is too heavy. Therefore, the Defendant and the prosecutor’s assertion are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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