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(영문) 대구지방법원 2018.06.21 2018노375
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below (700,000 won) on the gist of the grounds of appeal is unreasonable because it is too unfasible.

2. The judgment of the Defendant committed the instant crime even though he had been subject to three times punishment due to driving without a license.

However, in full view of the following circumstances: (a) the instant crime is simply a licenseless driver; and (b) the instant crime and the violation of the Narcotics Control Act, which became final and conclusive, need to consider equity in the case of concurrent judgment; (c) the Defendant’s age, sexual conduct, environment, family relationship, motive, circumstance, means and consequence of the instant crime; and (d) there are no special circumstances or changes in circumstances that may change the sentencing after the lower judgment; and (e) the lower court’s sentencing is not unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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