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(영문) 수원지방법원 2018.02.07 2017노8610
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 (an amount of KRW 3 million) is too unreasonable.

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

2. In light of the fact that the Defendant was sentenced to six months of imprisonment due to a violation of the Road Traffic Act (non-licensed driving) in 2009, and the Defendant committed the instant non-licensed driving during the suspension period due to a violation of the Road Traffic Act, it is highly necessary to punish the Defendant.

However, the defendant's mistake is divided, and the defendant does not repeat the crime without a license again.

In full view of the following facts: (a) the Defendant did not cause a traffic accident by driving without a license of this case; (b) the Defendant’s distance at the time of the instant case is about 50 meters; and (c) the Defendant’s age, sex and environment, motive, means and consequence of the instant case’s argument, including the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (c) the sentence imposed by the lower court is deemed appropriate; and (d) the Defendant’s argument with the Defendant and the Prosecutor are too heavy or unfluent, and thus, it does not seem unfair. Therefore, all of the arguments by the

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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