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(영문) 수원지방법원 2017.07.14 2017노503
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the case of "2016 order 2334" and "2016 order order 3019" as stated in the judgment of the court below: 4.5 million won: the fine of 4.5 million won; and "2016 order 2448" as stated in the judgment of the court below: Imprisonment with prison labor for four months, two years of suspended execution, observation of protection, and lecture order for compliance driving) are too uneasible.

2. Even though the judgment defendant had been punished several times for the same crime, the fact that the defendant driving of each of the instant non-licenses in this case is disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, and that the defendant has no record of punishment exceeding the fine for the same kind of crime prior to each of the crimes in this case, and all of the sentencing conditions in this case, such as the defendant's age, sex, environment, motive for the crime, and circumstances after the crime, it is not recognized that the sentence of the court below is too unjustifiable and unfair.

Therefore, 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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