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(영문) 대구지방법원 2015.10.08 2014노4309
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and forty hours of compliance driving) is too unhued and unreasonable.

2. In view of the fact that the accused committed the instant crime even though he/she had been punished several times due to driving without a license, including suspended sentence, the need to punish the accused strictly.

However, there is no record that the defendant has been punished for more than a suspended sentence, and the defendant has not committed the crime of this case in depth and has not committed the crime of this case.

It is also recognized that the driver did not cause an accident due to the driverless driving of the instant case, and the driving distance is not less than 500 meters.

In addition, comprehensively considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence of the court below cannot be deemed unfair because it is too unfortunate.

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

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