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(영문) 대구지방법원 2019.08.09 2019노1317
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. It is recognized that the judgment of the Defendant had a previous criminal record of a total of three times of punishment, including one sentence due to driving without a license, and in particular, on June 2, 2018, a two-year suspended sentence was finally decided on August 2, 2018, and that the instant crime was committed during the suspended sentence period.

However, it is also recognized that the defendant recognized the crime of this case, recognized the crime of this case, and disposed of the vehicle, thereby preventing recidivism, the defendant's family and branch wanting to leave the front, and if the sentence in this case becomes final and conclusive, the defendant should additionally serve eight months of imprisonment with prison labor as suspended.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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