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(영문) 수원지방법원 2018.08.08 2018노1538
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended execution, two years of protection observation, and forty hours of community service order in April) based on the summary of the grounds for appeal is deemed unreasonable.

2. The fact that the defendant again committed the instant crime even after being sentenced to three fines for the same offense is disadvantageous to him/her.

However, in full view of the following: (a) the Defendant’s mistake is against the Defendant; (b) is a mere unauthorized driver who does not cause any accident; (c) the driving distance is relatively short; and (d) other various sentencing conditions specified in the instant argument, such as the background of the instant crime; (b) the circumstances after the instant crime; and (c) the Defendant’s age, sexual conduct, and environment, the lower court’s punishment is too uneasible and is not deemed unfair, and thus, the Prosecutor

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.

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