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(영문) 수원지방법원 2018.07.11 2018노1594
도로교통법위반
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. In light of the circumstances favorable to the Defendant, including the fact that the Defendant committed several times of punishment due to the same crime, including the suspended sentence of imprisonment, but the Defendant committed the instant crime during the suspended sentence period, the fact that the Defendant committed the instant crime against the Defendant, and closed down his/her driving school without registration, etc., and that social ties between the Defendant and the Defendant appears to be relatively clear, the sentencing of the lower court appears to have been conducted within the reasonable scope of its discretion in full view of the circumstances favorable to the Defendant, including the Defendant’s age, sexual behavior, and environment, and there is no change in special circumstances that may be assessed differently from the sentencing conditions of the lower court up to the trial. Therefore, it is difficult to view that the sentence of the lower court is unfair because it is too unfi

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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