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(영문) 대구지방법원 2019.06.28 2019노1783
도로교통법위반(무면허운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

B. Prosecutor: The above sentence imposed by the court below on the defendant is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

It is recognized that the defendant recognizes and reflects the crime, the distance of driving is about 200 meters, the one time, and there is a family member to support the defendant.

However, it is also recognized that the defendant has already been punished 11 times in total, including seven times of punishment due to driving without a license, and that the defendant committed the crime of this case during the period of repeated crime due to the same criminal record, that he was detained during the non-detained trial, and that the possibility of recidivism is high.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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