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(영문) 대구지방법원 2013.05.16 2012노4104
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 March 23, 2011, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution, and committed the instant crime during the suspended execution period. The Defendant was sentenced to imprisonment with prison labor for the crimes of violation of the Road Traffic Act (unlicensed Driving) in the Western Branch of the Daegu District Court on March 23, 2011.

However, the crime of this case is limited to a mere unauthorized driving, and the defendant is able not to repeat again with his depth.

In full view of the current medical treatment of blood urology and all other sentencing conditions shown in the records and arguments, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the court below 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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