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(영문) 대구지방법원 2013.05.09 2012노3999
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 January 20, 201, the Defendant was sentenced to the punishment for drinking, driving without a license, and on January 20, 201, to the Daegu District Court for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (driving without a license), six months of imprisonment, and two years of suspended execution, and then, the Defendant again commits the instant crime during the suspended execution period is not easy to commit the instant crime.

However, the crime of this case is limited to a mere unauthorized driving, and the defendant would not repeat again while opposing the crime of this case.

In addition, examining the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, method and consequence of the instant crime, and the conditions of sentencing as shown in the records and pleadings, such as the circumstances before and after the instant crime, it cannot be deemed that the sentence imposed by the lower court is too uneasible and unreasonable.

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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