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(영문) 대구지방법원 2019.07.26 2019노1184

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. It is recognized that the Defendant had a criminal record of eight times of punishment, including two times of punishment due to driving without a license, and that the Defendant committed the instant crime during the period of repeated crime, and that the risk of recidivism appears to exist.

However, it is also recognized that the defendant's recognition of the crime of this case and reflects it, that it does not reach the drinking driving or traffic accident, and that it does not seem to continue to drive after the sentence due to driving without a license.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.