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(영문) 대구지방법원 2018.11.23 2018노3413
도로교통법위반(무면허운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (four months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. It is recognized that the judgment of the Defendant recognized the instant crime and reflects the fact that the Defendant did not incur physical damage due to the instant unlicensed driving.

However, it is recognized that the defendant has been punished several times for traffic-related crimes, including the punishment imposed eight times due to driving without a license, and in particular, during the suspension period of execution due to the crime of violation of the Road Traffic Act (driving of Drinking) and the crime of injury, etc., he has been driving without a license.

In addition, in full view of the various circumstances, such as the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too heavy or unreasonable.

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

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