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(영문) 대구지방법원 2016.11.03 2016노369
도로교통법위반(무면허운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the defendant's punishment (limited to four months of imprisonment, two years of suspended sentence, two years of probation, community service, 40 hours of order to attend a lecture, 40 hours of imprisonment) of the court below is too unreasonable, and the prosecutor is too unhued and unreasonable.

2. On the one hand, the defendant has been punished twice for drunk driving after around 200, three times for drinking without a license, three times for driving without a license, and one time for driving without a license.

However, in full view of all the sentencing conditions in the records, including the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the sentence imposed by the lower court is deemed appropriate, and it is not deemed unfair because it is too heavy or unreasonable.

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

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