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(영문) 대구지방법원 2014.11.20 2014노1843
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The Defendant had a record of having been punished several times for driving without license, and committed the instant crime again during the period of repeated crime due to the same crime.

However, the crime of this case is limited to a simple driving without license, and the defendant disposes of the vehicle and does not repeat the crime.

After the defendant completed the sentence on August 5, 201 with the age of 68 years and completed the sentence execution on August 5, 201, he did not commit any particular crime for about 2 years and 6 months prior to the crime of this case, but seems to have supported his family in good faith as well as his old mother who is unable to move due to brain-diseases. The defendant's wife is trying to prevent the defendant from driving again, and the defendant's wife wanted to grow wise.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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. It is so decided as per Disposition.

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