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(영문) 대구지방법원 2018.02.01 2017노3858
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (one year of suspended execution in four months of imprisonment, and forty hours of lectures to comply with law) is too uneasible and unfair.

2. The Defendant, even though he had been subject to punishment on several occasions due to driving without a license, was driving without a license and committed the instant crime.

However, in full view of all the sentencing conditions in the records, such as the fact that the defendant recognized the facts charged, the fact that the defendant is a mere unauthorized driver who does not cause an accident, and the age, sex, environment, circumstances leading to the crime, and circumstances after the crime, it is not recognized that the sentence of the court below is too unfeasible and unfair.

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

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