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(영문) 수원지방법원 2017.05.19 2016노6383
도로교통법위반(무면허운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years of suspended execution, two years of protection observation, and one hundred and sixty hours of community service order in the month of imprisonment with prison labor) is too uneased and unreasonable.

2. Even though the defendant had a history of punishment twice due to drinking driving, the fact that the defendant, while driving the drinking and driving without a license, committed the crime of hiding it, is disadvantageous to the defendant.

On the other hand, when comprehensively considering the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, the fact that there is no record of punishment exceeding the fine due to drinking driving, and all of the sentencing conditions indicated in the instant case, such as the defendant's age, sex, environment, motive for committing the crime, and circumstances after committing the crime, 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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