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(영문) 대구지방법원 2013.08.22 2013노980
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. On May 22, 2012, the Defendant had been sentenced to punishment on several occasions due to drinking or unlicensed driving, and committed the instant crime again during the suspension period after being sentenced to imprisonment for four months due to a violation of the Road Traffic Act (unlicensed Driving) at the Daegu District Court on May 2, 2012.

However, the crime of this case is limited to a mere unauthorized driving, and the defendant has divided the errors of the crime of this case and has not committed a second offense.

In addition, in full view of the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, and all the sentencing conditions shown in the records and pleadings, the sentence imposed by the lower court 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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