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(영문) 대구지방법원 2013.11.21 2013노2038

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 has a record of being punished for drinking or driving without a license.

The crime of this case was committed during the suspension period of execution for other crimes.

However, this case is limited to a simple unauthorized driving, and there is no record that the defendant has been punished for a suspension of execution or more for the same crime.

The defendant is divided in depth into the crime of this case and does not repeat the crime and lives as a sincere member of society.

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.