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(영문) 대전지방법원 2015.04.01 2014노2673
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unfased.

2. The judgment of the defendant has the power to be punished as a fine for the same kind of crime four times, and the result of the driving without a license is three times among them, and the defendant committed the crime in this case at least three times since 2013, since the cancellation of the driver's license on April 4, 2011, while he was found to have been driving without a license for a short period of time since 2013.

On the other hand, the fact that the defendant has recognized all of his own crimes and is against the serious attitude, that the defendant has no criminal record other than the criminal record of the same kind of fine, that the distance of the defendant's driving is only 1 km, and that the defendant did not cause an accident due to driving without a license is favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s aforementioned assertion is without merit.

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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