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(영문) 수원지방법원 2016.11.02 2016노4193
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 (two years of suspended sentence for one year of imprisonment, two years of probation, and two hundred hours of community service order) is too unhued and unreasonable;

2. The judgment of the court below had the record of punishment for the same crime even before and after the defendant had been sentenced to suspended sentence due to drinking driving, and the quality of the crime of this case is not good. Meanwhile, the defendant led to the confession of the crime of this case and reflects his mistake, the defendant did not have any record of being punished exceeding the fine due to the same kind of crime, and there are no special circumstances to change the sentence of the court below when the reasons for the sentencing of the court below are considerable and is in a trial, and there are no other circumstances to change the sentence of the court below. In full view of the defendant's age, character, character, and environment, intelligence and environment, motive, means, method, method, and consequence of the crime, circumstances before and after the crime, and criminal record relation, the court below's punishment is too unjustifiable and it is not recognized that the above ground for unfair sentencing of the prosecutor is unreasonable.

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. It is so decided as per Disposition.

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