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(영문) 수원지방법원 2017.04.21 2016노6364
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The judgment of the Defendant is disadvantageous to the Defendant that he/she was punished for driving under drinking or driving without a license on several occasions and was sentenced to imprisonment for 10 months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (any death or injury caused before the death or injury), but has been sentenced to suspended sentence for two years.

On the other hand, the defendant's scrapping of the vehicle of this case, etc., and again does not drive without a license.

When comprehensively considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the lower court’s punishment is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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