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(영문) 대전지방법원 2014.10.23 2014노1399
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. The judgment of the court below is acknowledged to have reached the crime of this case without being familiar with the defendant during the suspension period due to drinking driving, but it is found that the defendant led to the crime of this case. However, the defendant confessions and reflects, the damage of traffic accidents, etc. due to driving without the defendant's license does not occur, the defendant again does not drive a drinking and without the driver's license, such as entering the vehicle in the scrapping place, etc., and the defendant is in a situation where the defendant needs not drive a drinking and without the driver's license again; the defendant's health is not good; and the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and when considering various sentencing conditions stipulated in Article 51 of the Criminal Act such as the defendant's age, character and behavior, environment, motive, means and consequence before and after the crime

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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