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(영문) 대구지방법원 2017.10.12 2017노1937
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. The judgment of the defendant committed the instant non-exclusive driving crime during the period of suspension of the execution due to drinking driving even though he/she had a record of punishment twice due to drinking driving.

However, in full view of the following circumstances: (a) the Defendant recognized the facts charged; (b) there are favorable circumstances such as the fact that the instant crime is a mere unauthorized driver; and (c) the number of criminal convictions due to the same kind of crime (no person has been subject to three times due to drinking driving; and (d) the Defendant’s age, sex, environment, circumstances leading to the commission of the crime; and (e) the circumstances after the commission of the crime, etc., the lower court’s sentence is deemed unreasonable and unreasonable.

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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