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(영문) 대구지방법원 2013.05.21 2012노4000
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 by a fine on several occasions due to driving without a license.

However, the crime of this case is limited to a mere unauthorized driving, and the defendant is able not to repeat again with his depth.

The defendant is not healthy due to traffic accident aftermath, and is making it difficult for family members to live with daily labor for their livelihood.

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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