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(영문) 수원지방법원 2017.11.17 2017노5542
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. Determination is an unfavorable circumstance to the Defendant that the Defendant had a record of having been punished several times due to the crime of drinking alcohol driving, and that the Defendant acquired the ownership of a motor vehicle while the license was revoked due to the above drinking driving.

On the other hand, the fact that the defendant is against the defendant's wrong recognition, there is no record of punishment for the crime of unauthorized driving, there is no record of punishment exceeding the fine, the disposal of the vehicle driven after the crime of this case, and there is a family member to support.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too uneasible 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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