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(영문) 대구지방법원 2017.05.25 2016노4757
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 was sentenced to a suspended sentence of two years on July 30, 2015 due to a crime committed while driving without a license or driving under drinking, and in particular, the Defendant committed the instantless driving crime even during the grace period, even though he was sentenced to a suspended sentence of two years on July 30, 2015.

However, in full view of all the sentencing conditions in the records, such as the Defendant’s age, sex, occupation, environment, circumstances leading to the Defendant’s crime, and circumstances after the commission of the crime, the lower court’s sentence is unobcied and unreasonable.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the omission of “1. Selection of a fine: a fine: a fine is obvious that it is a clerical error,” and it is corrected ex officio as an addition).

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