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(영문) 수원지방법원 2017.08.16 2017노144
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 (3 million won in penalty) is too unhued and unreasonable.

2. It is necessary for the accused to commit the instant crime during the period of suspension of drinking, especially during the period of suspension of drinking driving.

However, in full view of the following: (a) the Defendant’s mistake is seriously against the Defendant; (b) the merelessless driver who did not cause an accident even even though he did not obtain a license; (c) the fact that there was no record of punishment for driving without license; and (d) other factors of sentencing specified in the argument in the instant case, such as the background of the instant crime; (b) the circumstances after the commission of the crime; (c) the Defendant’s age; and (d) the Defendant’s sexual behavior; and (c)

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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