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(영문) 수원지방법원 2017.03.29 2016노6029
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 unfilled.

2. Considering the fact that the accused committed the instant crime again during the period of suspension of execution due to the same criminal record, strict punishment against the accused is necessary.

However, the defendant does not drive without a license again, such as the fact that his mistake is divided in depth, and the defendant sells the vehicle.

In full view of the fact that the defendant's age, gender and family environment, motive, means and consequence of the crime, various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, etc., it is not recognized that the court below's punishment is too uneasible and unfair. Thus, 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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