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(영문) 수원지방법원 2015.06.12 2014노6948
도로교통법위반(무면허운전)등
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 probation, forty hours of probation, and forty hours of order to attend a community service order for six months of imprisonment) is too unhued and unreasonable;

2. In full view of the circumstances that the Defendant again committed the instant crime despite the fact that the Defendant had been punished several times as a single crime, which are disadvantageous to the Defendant, or the Defendant’s acknowledgement of the crime and reflects against the Defendant, the distance of the Defendant’s driving is relatively short, and the accident does not lead to the accident, and other various circumstances that form the conditions for the sentencing specified in the instant case, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too unjustifiable and thus, it is not deemed unfair.

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.

(However, the part of the judgment below's "1. Probation and community service order" is clearly erroneous in "1. Probation and community service order and lecture order", and thus, correction is made ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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