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(영문) 대구지방법원 2016.06.16 2015노3456
도로교통법위반(무면허운전)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (five million won in penalty) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant, who recognized the facts charged, is against the Defendant, and there are extenuating circumstances to consider the charge of violating the Guarantee of Automobile Compensation for Damages in the instant case.

On the other hand, the defendant committed the crime of this case during the suspended execution period due to driving without a license, and the defendant was punished for driving without a license six times, and two times the defendant was punished for violating the Guarantee of Compensation for Motor Vehicles Act, such as this case.

Examining the above circumstances, the Defendant’s age, sex, and environment, and all of the sentencing conditions shown in the instant records and arguments, the lower court’s punishment appears to be reasonable. As such, the foregoing unfair argument in sentencing by the Defendant and the Prosecutor is without merit.

3. As such, 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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