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(영문) 수원지방법원 2017.09.15 2017노2305
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 fact that the judgment defendant has been punished several times for the same crime, and in particular, the fact that the defendant has been driving without the license of this case during the period of suspension of execution due to the same crime is disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, the fact that the defendant scrapped the vehicle driven by the defendant, and all other sentencing conditions specified in the instant case, such as the defendant’s age, sex, environment, circumstances of the crime, and the circumstances after the crime, it is not recognized that the sentence of the court below is too uneasible and unfair.

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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