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(영문) 수원지방법원 2017.07.19 2016노9241
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 accused committed the instant crime during the period of probation due to drinking driving, etc.

However, in full view of the following: (a) the Defendant sells and reflects the instant vehicle; (b) is a mere unauthorized driver who does not cause an accident; and (c) the circumstances leading up to the instant crime; (b) circumstances after the instant crime; and (c) the Defendant’s age, sexual conduct, and environment, the lower court’s punishment is too uneasible and unreasonable; and thus, the Prosecutor’s assertion is without merit.

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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