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(영문) 대구지방법원 2015.06.18 2014노3450
도로교통법위반(무면허운전)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that the court below's punishment (two months of imprisonment, two years of suspended execution, two years of probation, and eight hours of community service order) is too unreasonable, and the prosecutor is too unhued and unfair.

2. Determination is an unfavorable circumstance to the Defendant for the following reasons: (a) the Defendant was punished several times for traffic crimes, such as driving without a license; and (b) the Defendant committed the instant crime in a period of three months after being notified of a summary order due to driving without license; (c) the Defendant has led to the confession and reflect of all the instant crimes; and (d) the Defendant has not committed a second offense while disposing of the instant vehicles; and (c) the instant crime is not a traffic accident due to a simple driving without license, which is favorable to the Defendant.

In full view of all the conditions of sentencing as shown in the records and arguments, including the above poor circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, etc., the lower court’s punishment appears to be appropriate. Therefore, the above assertion of unfair sentencing by the Defendant and the prosecutor is without merit

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided

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