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(영문) 수원지방법원 2016.11.16 2016노6079
도로교통법위반(무면허운전)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. However, the Defendant recognized and reflected the instant crime.

The defendant is the most supported by several family members in the name of the defendant.

On the other hand, the Defendant had been punished four times (three times of fine, one time of suspended execution) or more due to driving under the influence of alcohol or without a license, and the instant crime was committed during the period of suspended execution due to the same crime.

Considering the above circumstances in light of the Defendant’s age, character and conduct, environment, family relationship, motive and method of committing the crime, and the circumstances after committing the crime, the sentence of the lower court is deemed appropriate, and it cannot be deemed that the Defendant and the prosecutor’s assertion of unfair sentencing is too heavy or unreasonable. Thus, all of the grounds of unfair sentencing are without merit.

3. According to the conclusion, the appeal by the defendant and the prosecutor is without merit, and 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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