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(영문) 수원지방법원 2017.07.07 2017노131
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. Although the Defendant had been punished for three times due to drinking driving, the fact that the Defendant was driving without the instant license is disadvantageous to the Defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, that the defendant has no record of being punished in excess of a fine due to drinking driving, and that there is no record of being punished due to driving without a license, and all of the sentencing conditions indicated in the instant case, such as the defendant’s age, sexual behavior, environment, motive for committing the crime, and circumstances after committing the crime, the lower court’s punishment is too uneasible and unreasonable.

Therefore, the prosecutor's above 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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