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(영문) 수원지방법원 2014.09.22 2014노2074
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. Although the Defendant had already been punished twice a fine due to driving without license, and one suspended sentence, the Defendant committed the instant crime during the suspended sentence, the nature of the instant crime is inferior. However, in full view of the fact that the Defendant is closely against the instant crime, the circumstances surrounding the instant crime may be taken into account, as well as the overall sentencing conditions indicated in the instant argument, including the Defendant’s age, character and conduct, environment, and circumstances after the instant crime, the lower court’s punishment cannot be deemed unreasonable.

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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