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(영문) 수원지방법원 2017.05.19 2016노7279
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The conclusion that the Defendant was punished on several occasions by driving without a license and, in particular, was sentenced to the suspension of the execution of six months of imprisonment due to a violation of the Road Traffic Act (non-licenseed driving), and is also sentenced to the suspension of the execution of two years, is disadvantageous to the Defendant.

However, when comprehensively considering the Defendant’s age, sex, environment, motive for committing a crime and circumstances after committing a crime, etc., the lower court’s punishment is too uneasible and unreasonable. In addition, it is not recognized that the lower court’s punishment is too uneasible.

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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