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(영문) 청주지방법원 2018.11.22 2018노780
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentencing that exempted the Defendant from punishment on the summary of the grounds of appeal is too uneasible and unreasonable.

2. In light of the fact that the defendant, who had the record of criminal punishment four times due to drinking or non-licensed driving, drives a longer distance of about 253.5 km without a driver's license, and the quality of the crime is not bad, and that the defendant again committed the crime of drinking or non-licensed driving on June 8, 2017 and November 22, 2017, which was discovered by the crime of this case, after the criminal act of this case, and the defendant was committed again on November 22, 2017, and the compliance consciousness is highly likely to repeat again, the circumstances claiming the unfavorable sentencing in the trial are likely to be considered as having already been determined by the court below, and there is a need to consider the balance between the crime of this case and the case where the defendant is judged at the same time, the sentencing judgment of the court below is too excessive to exceed the reasonable scope of discretion.

shall not be appointed by a person.

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

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