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(영문) 대구지방법원 2013.11.21 2013노2057
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and forty hours of probation and compliance driving lectures) of the court below is deemed to be too uneasy and unfair.

2. On April 26, 201, the Defendant had been punished several times for driving without a license, and was sentenced to imprisonment with prison labor for drinking, driving without a license at the Daegu District Court on April 26, 201, for 4 months, and 2 years of suspended sentence, and committed the instant crime during the suspended sentence.

However, the defendant has not committed a second offense in depth while committing a crime.

This case is limited to a simple driving without a license.

In addition, in full view of all the sentencing conditions as shown in the records and arguments, such as the defendant's age, character and conduct, environment, health condition, and the family's leading intention, the sentence imposed by the court below cannot be deemed unfair because it is too uneasible.

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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