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(영문) 대구지방법원 2015.07.23 2014노3465
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. In addition, the Defendant had been sentenced to punishment on several occasions, including a suspended sentence due to drinking and unlicensed driving, and on July 31, 2013, the Busan District Court sentenced 6 months of imprisonment with prison labor and 2 years of suspended sentence on July 31, 2013 at the Busan District Court, which is currently being under suspended sentence, and there is a need for the Defendant to strictly punish the Defendant by committing the instant crime.

However, the defendant has no record of punishment exceeding the suspended sentence, and has not committed the crime of this case in depth and has not committed the crime of this case.

It does not cause a traffic accident due to the instant unlicensed driving, but it is also recognized that the defendant is the most likely to support his family members.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions as shown in the arguments, the sentence sentenced by the court below cannot be deemed unfair because it is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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