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(영문) 대구지방법원 2016.05.26 2015노2329
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 crime of this case by driving without a license even though he was under suspension of the execution due to drinking.

However, in full view of all the sentencing conditions indicated in the record, including the fact that the Defendant’s mistake and not repeating the crime, some of the circumstances to be considered in the driving process, the fact that there are family members to support, such as elderly, and other circumstances, such as the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s punishment is uneasible and is not recognized as unfair.

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

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