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(영문) 대구지방법원 2014.11.06 2014노3120
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The Defendant’s conviction reflects the error of the instant crime, and sells a vehicle after the pronouncement of the judgment of the lower court so that it does not repeat the crime.

However, the Defendant was punished by a three suspended sentence and a seven-time fine due to drinking or non-licensed driving only after 2000, and on January 27, 2014, the Daegu District Court issued a summary order of KRW 7 million due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and committed the instant crime only for two months.

The defendant's blood alcohol concentration was higher than 0.153%, the driver's license was held by the police officer, and the F driver's license was issued by the police officer, and the driver's license was issued by the F, and the statement of the driver's situation and confirmation document was prepared in F's name and the nature of the crime is heavy.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

3. In conclusion, the defendant'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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