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(영문) 수원지방법원 2018.02.09 2017노5191
도로교통법위반(무면허운전)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the penalty of KRW 10 million) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant repents and reflects his mistake; and (b) the fact that there was no record of punishment for violating the Guarantee of Automobile Compensation Act.

On the other hand, the defendant has been punished several times due to the violation of the Road Traffic Act, and in particular, he has driven a vehicle not covered by mandatory insurance in the state of non-license, and has another person lend a vehicle not covered by the mandatory insurance even after the crackdown to another person.

In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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

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