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(영문) 수원지방법원 2018.10.17 2018노3376
도로교통법위반(무면허운전)
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 (an amount of KRW 3 million) is too unreasonable.

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

2. The judgment is a favorable condition that the defendant repents and reflects his mistake, that there was no additional damage due to the crime of this case, that there was no record of punishment for driving without a license to the defendant, and that there is a family member to support.

However, the Defendant committed the instant crime even if he/she was punished twice due to drinking driving, and the suspension of indictment was imposed on the suspension of drinking in 2017 due to drinking driving, and appears to have taken into account the circumstances favorable to the Defendant in the lower court, and there is no special circumstance or circumstance to be newly considered in sentencing after the lower judgment was sentenced, and in full view of all the sentencing conditions in the instant case, including the Defendant’s age, sex, environment, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s above assertion are without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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