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(영문) 대구지방법원 2017.09.14 2017노3184
도로교통법위반(무면허운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unfasible with regard to the punishment sentenced by the court below (for four months of imprisonment), and the prosecutor is too unfased and unfair.

2. On September 22, 2016, the Defendant had the history of having been sentenced to five times or more as well as the suspension of the execution of imprisonment due to a licenseless driving, and in particular, in the Daegu District Court Kimcheon-cheon, the Defendant was sentenced to a two-year sentence of suspension of the execution in August 2, 2016 and was sentenced to a two-year sentence of suspension of the execution of the instant crime even though he had been in the period of suspension of the execution of the sentence.

However, in full view of all the sentencing conditions, including the Defendant’s age, sexual conduct, details of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate, and it is not deemed unfair because it is too heavy or unfasible. In so doing, the driving distance is relatively short of 100 meters, and the instant crime does not lead to traffic accidents.

3. The appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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