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(영문) 대구지방법원 2016.05.19 2015노2657
도로교통법위반(무면허운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The Defendant committed each of the crimes of this case during the period of repeated crime, and has three times the record of punishment due to driving without a license.

However, the defendant recognizes the facts charged and reflects the open aging, and the distance of driving of the case is about 60 meters.

In addition, comprehensively taking account of the following circumstances, the Defendant’s age, sex, environment, background leading to the commission of the crime, and circumstances after the commission of the crime, etc., the lower court’s sentence is unobcied and deemed unfair.

3. 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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