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(영문) 대구지방법원 2014.08.21 2014노704
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 Defendant again committed the instant crime even though he/she had been punished several times due to drinking and unlicensed driving.

However, the crime of this case is limited to a mere unauthorized driving, and the defendant is expected not to repeat the crime again, such as the disposal of the vehicle driven by committing the crime in depth.

There are circumstances in which the defendant is living difficult through the collection of farming houses and scrap iron, and the defendant is under care of a mother who is difficult to move with a chest streke.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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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