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(영문) 수원지방법원 2017.05.31 2016노5043
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. Considering the fact that the accused committed the instant crime again during the period of suspension of execution due to the same criminal record, strict punishment against the accused is necessary.

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

In full view of the following facts: (a) the driving of the instant case does not cause a traffic accident; and (b) the Defendant’s age, sex and family environment; (c) motive, means and consequence of the commission of the instant crime; and (d) various sentencing conditions as shown in the instant argument, such as the circumstances after the commission of the crime, etc., the lower court’s punishment is too unfeasible and is not deemed unfair, and thus, the Prosecutor’

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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