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(영문) 대구지방법원 2012.09.04 2012노1018
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused (two months of imprisonment, two years of suspended sentence, two years of probation, community service, 80 hours of probation, 40 hours of compliance driving instruction) is too unreasonable.

2. It is recognized that the defendant scrapped the instant vehicle in order to reflect his mistake and not repeat the crime, and that the defendant should support the mother who was administered with the hearing-impaired person's reference and the commander am.

However, since 2004, the Defendant had been punished six times for the same crime, and each of the crimes of this case was controlled four times by driving the same vehicle without a license for about two months, and thus, the risk of recidivism is very high.

Considering such circumstances and all the circumstances as the age, character and conduct, living environment, etc. of the Defendant, the lower court’s sentence against the Defendant is appropriate and too unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition

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