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(영문) 대구지방법원 2013.06.13 2013노314
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. On November 3, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in the Family Branch of the Daegu District Court on November 3, 201, and again committed the instant crime during the suspension period after being sentenced to imprisonment with prison labor for a period of five months and two years of suspended execution.

The distance of the defendant's driving is not shorter than 7 km.

However, this case is limited to a simple driving without a license, and the defendant has committed the crime of this case in depth and has not re-offending, and supports a child with a disability of class 4 of hearing disability.

In addition, in full view of the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, and all the sentencing conditions shown in the records and pleadings, the sentence imposed by the lower court cannot be deemed unfair because it is too uneasible.

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

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