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(영문) 수원지방법원 2017.04.26 2016노6649
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. The judgment of the Defendant committed the instant crime again during the suspension period of execution due to the crime of drinking and non-licensed driving, even though he/she had been subject to three times of punishment due to drinking, drinking and non-licensed driving.

However, the Defendant scraped his vehicle, etc. to prevent recidivism, and is against the depth of the crime of this case.

In full view of the following: (a) the crime of this case was committed in driving without a license; (b) the Defendant supported three children; and (c) the circumstances of the crime of this case; (d) the circumstances after the crime was committed; and (e) the Defendant’s age, sexual behavior; and (e) various sentencing conditions as shown in the argument of this case, such as the circumstances in which the Defendant was committed; and (e) the Defendant’s age,

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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