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(영문) 수원지방법원 2016.12.16 2016노5652
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The fact that the defendant was sentenced to a two-year suspended sentence for six months due to a violation of the Road Traffic Act (driving) and committed the instant crime within 30,000 days after the judgment became final and conclusive, etc. are disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects on the fact that the Defendant was punished for driving without a license; (b) the Defendant was punished only once; (c) there was no record of punishment exceeding the fine when excluding the sentence imposed on the said suspended sentence; (d) the Defendant’s sentence was completely executed when the sentence was imposed on the Defendant; and (e) the Defendant was somewhat harsh aspects of the sentence imposed on the Defendant; and and (e) other various circumstances that are the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the Prosecutor’s allegation of unfair

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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