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(영문) 대구지방법원 2016.03.17 2015노989
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, while driving without a license during the suspension period, drives a vehicle without license while driving the vehicle again, leading to the instant crime.

However, in full view of the following circumstances: (a) the Defendant recognized the facts charged and did not repeat the offense; (b) the driving distance is shorter than three meters; and (c) the Defendant’s age, sex, environment, family relationship, circumstances leading to the commission of the offense; and (d) other circumstances that form the conditions for sentencing as indicated in the record, such as the circumstances after the commission of the offense, etc., the lower court’s sentence is deemed unfair 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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