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(영문) 대전지방법원 2014.10.22 2014노828

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and two years of suspended sentence) that the court below sentenced to the defendant is too uneasible and unfair.

2. The fact that the Defendant had been already punished three times, including a sentence on one occasion due to driving without a license, which is the same crime as this case, and that there was a total of 11 criminal punishments, including six times of drinking driving. The crime of this case is a situation unfavorable to the Defendant, where it is necessary to strictly punish the Defendant as being punished since six months after the issuance of the summary order on the Defendant’s drinking and driving without a license.

On the other hand, the fact that the defendant is against the crime of this case, that the defendant disposes of the freight vehicle of this case and would not repeat the crime of this case, that the distance of the defendant's driving is not relatively long, that the defendant's possession of the freight vehicle for daily work at the construction site, and that it seems that the defendant's operation of the freight vehicle was caused by the driver's license of this case, that the defendant is economically difficult, and that the defendant should support his family.

In full view of the above circumstances and other circumstances leading to the instant crime, including the circumstances and motive leading up to the instant crime, the age, age, character and conduct, family relation, environment, occupation, etc. of the Defendant, and the conditions of sentencing as shown in the arguments and arguments, and the lower court’s sentence with a certain period of suspension of execution set the period of suspension of execution as a whole, the lower court’s sentence is too unjustifiable, and thus, the Prosecutor’s allegation

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