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(영문) 수원지방법원 2017.01.25 2016노4621
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (2 million won in penalty) on the summary of the grounds for appeal is deemed to be too unhued and unfair.

2. On the other hand, the defendant was punished for a fine of one million won due to driving without a license in 2005, on four occasions, including that he was punished for a fine of one million won due to driving without a license.

However, other crimes except drinking driving crimes in 2011 were committed before 2006, and a considerable period of more than 10 years has passed thereafter.

The instant crime was committed after three years or more, except in extenuating circumstances, even though it was committed in 2013.

In addition, in full view of all other circumstances that serve as the conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the court below’s sentence cannot be deemed to be unfair because it is too low, and thus, the prosecutor’s improper assertion of sentencing is rejected.

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

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