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(영문) 대구지방법원 2016.06.02 2015노2608
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.

2. It is recognized that the Defendant committed the instant crime by driving the instant vehicle without a license, even though he/she had the record of being punished twice due to driving without a license.

However, in full view of the following circumstances: (a) the Defendant recognized the facts charged; (b) the Defendant did not repeat the offense; (c) newly obtained the driver’s license while not repeating the offense; (d) the driving distance is short; (e) there is a family member to support; and (e) other circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age, sex, environment, occupation, circumstances leading to the offense; and (e) circumstances after the crime, the lower court’

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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