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(영문) 수원지방법원 2018.08.08 2018노2857
도로교통법위반(무면허운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant has a record of criminal punishment on several occasions due to driving without a license, and in particular, the defendant committed the crime of this case with the same vehicle without being aware of the suspension period due to driving without a license, etc., is disadvantageous to the defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized his mistake and reflects his depth, the fact that he must support a minor, the fact that he is trying to prevent recidivism, such as scrapping the instant vehicle, and the fact that he was merely driving without a license, and did not cause an accident.

In addition, comprehensively taking into account all other circumstances such as the Defendant’s age, sex, environment, background and purpose of the crime, means and purpose of the crime, and circumstances after the crime, since the lower court’s punishment is too heavy or is not unreasonable, the Defendant and the prosecutor’s assertion are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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