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(영문) 대구지방법원 2016.03.24 2015노1114
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 punishment (3 million won in penalty) is too unhued and unreasonable.

2. It is recognized that the Defendant committed the instant crime by driving the instant vehicle without a license while driving the vehicle without a license during the suspension of execution.

However, in full view of the following circumstances: (a) the Defendant recognized the facts charged and did not repeat the offense; (b) the driving distance is relatively short of 50 meters high; (c) some of the driving circumstances may be taken into account; and (d) other various circumstances that are conditions for sentencing as indicated in the record, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, the lower court’s sentence is unfeasible and deemed 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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