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(영문) 수원지방법원 2017.11.08 2017노5173
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 fact that the defendant committed the instant crime without being aware of the fact that he/she had been punished several times due to the traffic-related crimes, is disadvantageous to the defendant.

However, in full view of the following: (a) the instant crime is a simple unauthorized driver who does not cause an accident; (b) the Defendant is aware of his mistake and reflects his depth; (c) the Defendant disposes of the vehicle driven and does not repeat again; and (d) there is no record of being punished for driving without a license; and (c) other various sentencing conditions specified in the instant argument, such as the circumstances leading to the instant crime; (d) circumstances after the instant crime; (e) the Defendant’s age, sexual conduct, and environment, the lower court’s punishment is too uneasible and unreasonable; and therefore, the Prosecutor’s assertion is

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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