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(영문) 대구지방법원 2013.05.09 2013노174

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The Defendant had been sentenced to punishment for drinking or driving without a license for the last four years, and was sentenced to imprisonment for six months on August 3, 201 for a violation of the Road Traffic Act (unlicensed Driving) and two years on August 3, 201, and again committed the instant crime during the suspension period.

The distance of the defendant's vehicle without a license is about 5 km.

However, the Defendant committed the instant crime in depth and did not repeat the crime, and also disposed of the vehicle that he driven.

When the defendant operates a fire station, social ties are clear, and the defendant is in the position to support three wifes and children.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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