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(영문) 수원지방법원 2014.12.22 2014노3764
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of a fine) is too unhued.

2. In full view of the following factors: (a) the Defendant’s mistake is against himself/herself and the Defendant would not repeat again by disposing of his/her vehicle; (b) there are children to be supported by the Defendant; and (c) the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime; and (d) all other factors of sentencing specified in the pleadings, including the circumstances before and after the instant crime, even if considering that the Defendant committed the instant crime during the suspended execution period due to the same kind of crime, the lower court’s punishment cannot be deemed unreasonable.

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

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