logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.09.01 2019노3486
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The judgment below seems to have sentenced the above punishment by comprehensively taking into account the circumstances favorable to the defendant (the fact that the defendant recognized the crime of this case and divided his mistake, the sale of driving vehicles after the case, etc., and the criminal records of driving without the driver's license are included in the crime of this case at least twice) and unfavorable circumstances (the crime of this case is committed again under the suspension of the execution of imprisonment with prison labor due to the driving without the license, etc., even though the defendant was sentenced to the suspension of the execution of the execution of the crime of this case, and the crime is likely to be subject to heavy criticism).

The court below's sentencing is appropriate in light of the following facts: (a) the grounds for various sentencing recognized by the court below and the father of the defendant wanted to be the wife of the defendant; and (b) the social relation appears to be clear, such as the age, career, character and conduct, environment, family relation, motive and circumstance of the crime, family relation, means and result of the crime; and (c) there are no special circumstances or changes in circumstances that could change the punishment against the defendant in light of the circumstances after the crime; and (d) there are no special circumstances or changes in circumstances that the court below might change the punishment against the defendant; and (e) the court below

The sentencing of the court below is not unfair.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

arrow