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(영문) 청주지방법원 2019.09.19 2019노337

도로교통법위반(무면허운전)

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The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the defendant, who has been subject to criminal punishment four times due to the violation of the Road Traffic Act due to the violation of the main reason for appeal due to the driving under influence of alcohol, seems to have high risk of re-offending, such as driving without permission, without permission, at all without being informed of the fact that the driver's license was revoked, the sentence of the court below is too unreasonable.

2. The court below decided the above punishment against the defendant on the grounds as stated in its reasoning. The circumstances alleged by the prosecutor as a reason for sentencing unfavorable to the court below are deemed to have already been taken into account when determining the punishment in the court below. In light of the above circumstances, the defendant appears to have committed the crime of this case in a net order, and there is no criminal record exceeding the fine, and this case is merely a mere driving without a license, it cannot be acknowledged that the judgment of the court below exceeded the reasonable scope of discretion because the judgment of the court below 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.