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(영문) 대전지방법원 2020.11.25 2020노10
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal, in light of the fact that the Defendant, who had been punished several times due to the violation of the Road Traffic Act due to the same drinking or non-licensed driving of the same kind of case, was under suspension of execution and was engaged in driving without a license at the same time without permission, the lower court’s punishment is too uneasible and unfair.

2. The court below decided the above punishment against the defendant on the grounds of the sentencing stated in its reasoning. The above circumstances alleged by the prosecutor as the grounds for sentencing unfavorable to the court below are deemed to have been sufficiently taken into account when determining the punishment in the court below. In addition, considering the following factors, including the fact that the defendant was merely a mere driving without a license in this case, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime were committed, the court below cannot be deemed to have exceeded the reasonable scope of discretion because the judgment of the court below is too inappropriate.

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

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