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(영문) 대구지방법원 2017.11.30 2017노2715
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. On February 8, 2017, in the case where the Defendant had already been punished twice due to driving without a license, the Defendant was sentenced to a two-year suspended sentence for a violation of road traffic law (licenseless driving) in the Daegu District Court Port Branch on February 8, 2017, and was sentenced to a two-year suspended sentence for six months, but the Defendant committed the instant crime again for two months and is disadvantageous to the Defendant.

However, in full view of the following factors: (a) the Defendant committed a crime; (b) the Defendant committed a crime; and (c) the Defendant did not repeat the crime while disposing of the vehicle used for the crime; and (d) the instant crime did not lead to traffic accidents; and and (c) all of the sentencing conditions indicated in the record, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is too unjustifiable 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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