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(영문) 대구지방법원 2016.07.14 2015노3847
도로교통법위반(무면허운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the Defendant asserts that the Defendant is too unfasible to the sentence of the lower court (three million won in penalty) and that the prosecutor is too unfased and unfair.

2. The fact that the Defendant recognized the facts charged and led to confessions, and the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic laws at the Daegu District Court on May 12, 2016 by imprisonment with prison labor for the crime of violating road traffic laws (driving alcohol). The judgment on May 20, 2016 became final and conclusive. It is recognized that the crime of this case is in a concurrent relationship with the crime of violating road traffic laws (driving alcohol) for which the judgment became final and conclusive, and the crime of this case constitutes a single concurrent relationship after Article 37 of the Criminal Act, and that the equity should be considered with the case to be adjudicated at the same time in accordance

On the other hand, the defendant committed the crime of this case during the first instance trial of the case, such as the crime of violating the Road Traffic Act (drinking), in which the judgment became final and conclusive, and the defendant was punished several times due to drinking or non-licensed driving, and all other sentencing conditions, including the defendant's age, sex, environment, and circumstances after the crime, shall not be deemed to be too heavy or unreasonable.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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