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(영문) 수원지방법원 2017.02.15 2016노4571
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (2 million won in penalty) on the summary of the grounds for appeal is deemed to be too unhued and unfair.

2. On March 11, 2016, the Defendant was sentenced to a fine twice due to drinking driving and a fine for one time due to a non-licensed driving, and in particular, on March 11, 2016, the Defendant once again driven a non-licensed driving even though it was issued a summary order of KRW 1 million due to a violation of the Road Traffic Act (unlicensed driving).

However, the defendant recognizes and reflects the crime.

The distance of driving without a license is relatively long.

In addition, in full view of all other circumstances that serve as the conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the court below’s sentence cannot be deemed to be unfair because it is too low, and thus, the prosecutor’s improper assertion of sentencing is rejected.

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

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