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(영문) 대구지방법원 2020.07.24 2019노4286
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. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, as indicated in its reasoning, determined a sentence by comprehensively taking account of various circumstances (such as the following: (a) the period of punishment for driving without a license in the past is very long time; (b) the period of punishment for driving without a license in the past is very low; and (c) the period of punishment is recognized as his/her mistake and is against the depth of his/her mistake).

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering the Defendant’s age, character and conduct, environment, motive and means of crime, circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion because it is too unhued, even if the lower court’s sentencing conditions were considered in light of all of the conditions of sentencing

The prosecutor's assertion is without merit.

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

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