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(영문) 수원지방법원 2017.07.21 2016노5581
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 (one million won in penalty) is too unhued and unreasonable.

2. The judgment that the defendant has been punished several times due to the crime of violating the Road Traffic Act is disadvantageous to the defendant.

On the other hand, the fact that the defendant is against the defendant's wrong recognition, the fact that the driver without a license seems to have no record of punishment, and the fact that the defendant has no criminal record beyond the fine is favorable to the defendant.

Considering all of the above circumstances and other conditions of sentencing under Article 51 of the Criminal Act, it is difficult to deem that the lower court’s punishment is too unfasible and unfair.

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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