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(영문) 대구지방법원 2017.03.16 2016노3276
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won) imposed by the lower court on the crime of violating the Road Traffic Act (unlicensed driving) is too uneased and unfair.

2. The judgment has a record of being punished four times due to drinking driving and twice a licenseless driving, and the degree of criticism is high in that the Defendant committed the instant non-licenseless driving crime during the suspended execution period due to fraud.

However, in full view of all the sentencing conditions in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is too unfeasible and is not deemed unfair, in light of the fact that the Defendant has no history of punishment exceeding the fine for the same crime, the distance of the Defendant’s driving of the vehicle is 200 meters.

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

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