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(영문) 수원지방법원 2017.09.13 2016노9104
도로교통법위반(무면허운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence for six months of imprisonment, observation of protection, community service, 80 hours in a social service, 40 hours in a compliance driving lecture, and 3 million won in a fine) on the summary of the grounds for appeal is deemed to be too uneasible and unfair.

2. In light of the fact that the Defendant committed each of the instant crimes again even though he/she had a three-time driving record (the time includes a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents), the need for strict punishment against the Defendant is high.

However, the defendant repented his mistake, and again does not drive alcohol or drive a unauthorized driver's license.

In full view of the following facts: (a) there is no criminal conviction or heavier than a suspended sentence; (b) the Defendant did not have any criminal record; (c) the probationary order along with the suspended sentence of imprisonment with prison labor; (d) the community service order and the order to attend lecture was also imposed concurrently; and (e) the Defendant’s age, sexual behavior and environment; (d) motive, means and consequence of the crime; and (e) other various sentencing conditions stated in the instant pleadings, including the circumstances after the crime, etc., the lower court’s sentence is too uneas

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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