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(영문) 수원지방법원 2017.08.23 2017노1547
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 (three million won of imprisonment) is too unhued and unreasonable.

2. In light of the fact that the Defendant was sentenced to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on December 12, 2013 (i.e., imprisonment with prison labor for not less than ten months for an escape vehicle) and driving without the face-to-face driving, and that he again carried out driving without the license of this case, it is necessary to punish the Defendant strictly.

However, in full view of the following: (a) the Defendant’s mistake is seriously against the Defendant; and (b) the mere unauthorized driving that did not cause various accidents; and (c) the circumstances of the instant crime; (d) the circumstances after the commission of the instant crime; and (e) the Defendant’s age, sexual conduct, environment, etc., the Prosecutor’s assertion is without merit, given that the lower court’s punishment is too uneasible and unreasonable.

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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