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(영문) 수원지방법원 2017.05.17 2016노3648
도로교통법위반(무면허운전)등
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 unfilled.

2. Considering the fact that the accused has a criminal record related to traffic multiple times, strict punishment against the accused is necessary.

However, the defendant's mistake is divided, and the defendant does not drive without a license again.

In full view of the following facts: (a) the driving of the instant case does not cause a traffic accident; and (b) the Defendant’s age, sex and family environment; (c) motive, means and consequence of the crime; and (d) various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is too unfeasible and unfair; and thus, the prosecutor’s aforementioned 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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