logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.10.27 2019노4785
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). From this perspective, the lower court determined a sentence against the Defendant by comprehensively taking into account the following factors: (a) the Defendant was subject to punishment on several occasions, such as the reason for sentencing as indicated in the judgment of the lower court (the Defendant was subject to suspension of the execution of imprisonment, as well as imprisonment; (b) the Defendant committed a crime during the period of repeated offense; and (c) the Defendant committed a crime during the period of repeated offense; and (d) the circumstances favorable to the Defendant (such as the Defendant’s recognition of all crimes; and (e) the Defendant’s personal seal wanted to be driven; (c) the Defendant was able to stop a crime with three months prior to the expiration of the period of repeated offense; and (d) there was no other penalty power after 2016; and (e) there is no special change in circumstances that could change the sentence after the sentence was pronounced by the lower court.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive, background, means and consequence of the crime, and the circumstances after the crime, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, as it is too unfasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

arrow