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(영문) 수원지방법원 2017.09.29 2017노2221
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The defendant can have a record of punishment related to the same traffic, and the fact that the defendant committed the crime of this case during the suspended sentence due to drinking driving is disadvantageous to the defendant.

On the other hand, considering the circumstances favorable to the defendant, such as the fact that the defendant is against the crime and is punished for driving without a license only once, and the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, and circumstances after the crime, it is difficult to view that the court below's punishment is unfair because it is too difficult to view it as unfair.

Therefore, the prosecutor's above assertion is without merit.

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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