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(영문) 수원지방법원 2017.06.28 2017노800
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for four months of imprisonment) is unreasonable because it is too unfasible.

2. The defendant is allowed to have his/her previous offense of drinking or driving without a license.

However, the defendant does not drive without a license again by scrapping the vehicle and cancelling the registration of the vehicle.

In full view of the following facts: (a) there is no record of criminal punishment since 2010; (b) there is no record of criminal punishment; and (c) other various sentencing conditions specified in the pleadings of the instant case, such as the background of the instant crime, the circumstances after the instant crime; and (d) the Defendant’s age, sexual behavior, and the environment, the lower court’s punishment is too unfeasible and thus, it is

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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