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(영문) 대구지방법원 2018.11.01 2018노1790

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one million won in 3 million won) on the gist of the grounds of appeal is deemed unfair because it is too uneasible.

2. The Defendant had a record of having been punished several times for the same type of crime, such as drinking and non-licensed driving, and committed the instant crime during the suspension period of the execution of imprisonment due to drinking driving.

However, in full view of various circumstances, including the Defendant’s age, sex, environment, family relationship, motive, circumstance, means and consequence of the crime, etc., which are conditions for sentencing, including the Defendant’s age, sex, family relation, family relation, and circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, the lower court’s sentencing is not unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.