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(영문) 수원지방법원 2016.11.02 2016노4099
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The fact that the defendant had a record of criminal punishment over 13 times, and in particular, committed the instant crime without being aware of the fact that he/she again committed the instant crime without being aware of the fact that he/she was sentenced to a two-year suspended sentence of imprisonment for a violation of the Road Traffic Act, etc.

However, in full view of the following circumstances: (a) the Defendant is recognized as committing the instant crime and is against the Defendant; (b) the Defendant has no record of being punished as a violation of the Road Traffic Act (unlicensed driving) since around 2002; and (c) the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the instant crime; and (d) the lower court’s punishment is deemed unreasonable because it is too unreasonable. Therefore, the Prosecutor’s allegation of unfair sentencing is rejected.

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

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