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(영문) 대구지방법원 2017.05.18 2017노1477
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unhued and unreasonable.

2. However, there is a history that the defendant was punished by a majority as a crime of violating the Road Traffic Act (unlicensed driving), and in particular, the fact that the defendant was committed again while being tried for the same crime is disadvantageous to the defendant.

However, the defendant's mistake is against the defendant's mistake while committing the crime of this case, and the crime of this case is not recognized to be unfair because the sentence of the court below is too unafford because it is too unafford in light of the sentencing conditions in the records, such as the defendant's age, sex behavior, environment, occupation, and circumstances after the crime, etc., of the defendant's age, the sentence of the court below is too unafford.

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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