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(영문) 대구지방법원 2016.08.11 2016노2364
도로교통법위반(무면허운전)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (two months of imprisonment) against the summary of the grounds for appeal is too unfasible, and the prosecutor is too unfased and unfair.

2. However, the Defendant recognized the facts charged and reflects on the charges, and does not repeat the charges, such as disposing of vehicles.

However, the defendant was finally and conclusively sentenced to a suspended sentence due to the same crime, and thereafter, he was driving without a license in this case. The date and time of driving without a license in this case falls under a suspended sentence period due to drinking traffic accidents, and the defendant has already been subject to nine times or more due to driving without a license.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, environment, sex, background leading up to the instant crime, and circumstances after the instant crime, the lower court’s punishment is not deemed unfair or unreasonable.

3. The appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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