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(영문) 대구지방법원 2016.05.12 2015노1058
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 (3 million won in penalty) is too unhued and unreasonable.

2. It is recognized that the defendant committed the crime of this case by driving under the driver's license again during the period of suspension of execution due to the same crime.

However, in full view of all the sentencing conditions indicated in the record, such as the fact that the Defendant’s mistake is against the Defendant and did not repeat the offense after disposing of the vehicle, the fact that there is no criminal record, family members to support, and other circumstances that led to the Defendant’s age, sex, environment, circumstances leading to the commission of the offense, and circumstances after the commission of the offense, the lower court’s punishment is uneasible and unreasonable.

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

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