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(영문) 수원지방법원 2020.08.14 2020노1125
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of a fine) is too unhued.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In the instant case, there is no particular change in the sentencing conditions compared to the lower court’s judgment. In full view of the following: (a) the circumstance and circumstances of driving without a license; (b) the fact that the instant crime was committed during the period of suspension of execution; (c) the fact that there was no record of punishment for driving without a license; and (d) all the sentencing conditions in the pleadings and records of the instant case, including the Defendant’s previous offense, age, and happiness environment; and (b) it is not recognized that the lower court

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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