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(영문) 대구지방법원 2020.12.22 2020노1003
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The judgment below seems to have sentenced the above punishment by comprehensively taking into account the circumstances favorable to the defendant (a simple driving without a license, the defendant's age and occupation, etc.) and unfavorable circumstances (the first head of the first head of the original judgment, and another driving without a license again).

The grounds for sentencing recognized by the court below and the defendant have five times the same criminal records, but they have no record of being punished in excess of the fine only for the crime of violation of the Road Traffic Act (unlicensed Driving). In light of the defendant's career, character, conduct, environment, family relationship, motive, circumstances, means and consequence of the crime, circumstances after the crime, other circumstances known by the records, and the fact that there are no special circumstances or changes in circumstances that the court below would change the punishment against the defendant, the sentencing of the court below is appropriate and it cannot be deemed that it abused its discretion or deviates from the limits of discretion.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

(However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the part of the criminal records of the judgment of the court below "two years of suspended execution" shall be corrected to "two years of suspended execution" for one year of imprisonment.

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