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(영문) 수원지방법원 2017.05.17 2016노5003
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 unfilled.

2. Considering the fact that the defendant committed the instant crime during the period of probation even though he/she was a criminal record of the same kind, strict punishment against the defendant is necessary.

However, the defendant's mistake is remarkably divided, and the defendant does not drive without a license again.

In full view of the following facts: (a) the distance driven at the time of the instant case is about 100 meters; and (b) the Defendant’s age, sex and family environment; (c) motive, means and consequence of the instant crime; and (d) various sentencing conditions as shown in the instant argument, such as the circumstances after the instant crime, etc., the lower court’s punishment is too unfeasible and unfair; and thus, the Prosecutor’s aforementioned

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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