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(영문) 수원지방법원 2018.11.28 2018노6306
도로교통법위반(무면허운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances are favorable for the following: (a) the Defendant’s misjudgments and reflects his or her mistake; (b) the Defendant’s failure to repeat a crime; (c) the Defendant suffered injury due to traffic accidents at the time of the instant case; and (d) the social risks due to forgery of documents have not been realized.

However, in order to avoid detection by driving without a license, the Defendant committed the instant crime on July 12, 2017 only one month after he/she was sentenced to a suspended sentence of imprisonment for one year due to driving without a license, and on July 12, 2017, he/she committed the instant crime (the current suspended sentence was revoked), taking into account the circumstances favorable to the Defendant in the lower court, and without any special circumstances or changes that may be considered for sentencing, and taking into account all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, background and consequence of the instant crime, and circumstances after the sentence of the lower judgment, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable as it is unreasonable after taking into account all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, and consequence of the instant crime, etc.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That in accordance with Article 25 of the Rules on Criminal Procedure, it is corrected to add "Article 231" to "Article 234 of the Criminal Act" following the 3th page of the judgment below in accordance with Article 25 of the Rules on Criminal Procedure.

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