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(영문) 대구지방법원 2014.08.07 2014노541
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. The Defendant had the record of being punished several times due to the violation of the Act on Special Cases concerning Drinking, Unlicensed Driving, and Traffic Accident Settlement, etc., and committed the instant crime during the suspension period.

However, the crime of this case is limited to a simple driving without a license, and the defendant disposes of the vehicle and does not repeat the vehicle by reflecting the error in depth.

In addition, considering the circumstances in which the defendant supports three children of the mental retardation, the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the arguments, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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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