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(영문) 수원지방법원 2018.04.18 2017노9225
도로교통법위반(무면허운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (4 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of this case is an unfavorable circumstance to the Defendant for the following reasons: (a) the Defendant illegally used another person’s resident registration number in order to conceal his/her unauthorized driving even though he/she had been driving without a license; and (b) the Defendant committed the crime without a license again even though he/she had been punished by a fine due to a unauthorized driving.

However, it is favorable to the defendant that the defendant recognized his mistake and reflects his depth, that the driver's license without permission has not occurred, and that each of the crimes of this case is a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the judgment of the court below, which became final and conclusive, and that the crime of this case must be judged simultaneously under Article 39 (1) of the Criminal Act in relation to concurrent crimes after Article 37 of the Criminal Act, and that the case should be considered

In addition, considering the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and the circumstances after the crime, etc., the Defendant and the prosecutor’s assertion are without merit, since the lower court’s punishment is too heavy or is not unreasonable because it is too heavy.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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