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(영문) 수원지방법원 2018.10.17 2018노3265
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The judgment of the Defendant had the record of being sentenced to a fine twice due to driving without a license, and the Defendant was sentenced to a suspended sentence of 8 months on November 8, 2017 due to driving without a license and was sentenced to a suspended sentence of 2 years during the grace period, but repeated the instant crime, etc. is disadvantageous.

However, considering the favorable circumstances, such as the fact that the defendant repents his mistake and reflects against himself, the fact that the defendant does not repeat the crime, there is a family member to support, the fact that there has not been any additional damage due to the crime of this case, and the age, sex, environment, circumstances and result of the crime of this case, etc., the prosecutor's above assertion is without merit, since the court below's punishment is too uneasible and unfair.

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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