(영문) 청주지방법원 2018.04.27 2018노192 | 리걸엔진

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(영문) 청주지방법원 2018.04.27 2018노192

도로교통법위반(무면허운전)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that there is a family member and wage for the defendant, and there is a field worker at the construction site where he should give his family member and wage, the punishment of the court below (4 months of imprisonment) is excessively unreasonable.

B. In light of the fact that the Defendant, who was punished for the same crime, includes not only a majority of the past records, but also the past records of the sentence and the suspension of execution, the lower court’s sentence is too uneasible and unreasonable.

2. The judgment of the Defendant committed a second offense even though there were many records of punishment, including a suspended sentence, which added a protective observation due to driving without a license or drinking, and the Defendant continued to commit a crime without a license despite the fact that he/she acquired a driver’s license despite the absence of the fact that he/she had acquired the driver’s license, and thus, the continuous driving without a license, which continues to block the crime without a license, should be strictly prohibited for the order of traffic and the safety of women who are in traffic control. It is more favorable for the Defendant to have led to the instant crime, and to have his/her wife and two children support the Defendant.

However, the court below seems to have determined an appropriate punishment by taking into account the aforementioned circumstances and all other circumstances, such as the defendant's age, sex, and environment, which are the conditions for sentencing specified in the arguments in this case. It cannot be said that the punishment imposed by the court below is too heavy or unreasonable because it is too heavy to the defendant.

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

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