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(영문) 수원지방법원 2018.02.09 2017노6301
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 was sentenced to a suspended sentence of imprisonment due to the crime of drinking driving and committed the crime of this case during the period is disadvantageous to the defendant.

On the other hand, the fact that the defendant is against the defendant's wrong recognition, and that only one fine has been punished for driving without the driver's license, etc. are favorable to the defendant.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, family relationship, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate 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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