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(영문) 대구지방법원 2018.01.18 2017노3490
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 (3 million won in penalty) is too unhued and unreasonable.

2. The Defendant committed the instant crime without being aware of the fact that he/she had been punished several times due to driving without a license, and driving without being aware of the suspension period due to driving without a license, even though he/she was under suspension of the execution of drinking.

However, in full view of all the sentencing conditions in the records, such as the fact that the defendant recognized the facts charged, the fact that the defendant is a mere unauthorized driver who does not cause an accident, and the age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unfeasible and unfair.

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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