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(영문) 청주지방법원 2015.05.01 2014노1366
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three million won of a fine) by the lower court is deemed to be too unhued and unreasonable.

2. The Defendant’s crime of this case is to operate a vehicle without a driver’s license.

In addition, since 2012, the defendant has been punished for the same kind of crime, and it has reached three times of fines, and it is necessary to strictly punish the defendant as it continues to repeat the same crime without any particular crime.

However, the defendant seems to have recognized the crime of this case and against his mistake.

In addition, the Defendant seems to have committed the instant crime while performing daily work in an area where it is difficult to access separately from his family members.

In addition, considering the fact that the defendant must support wife and three children, the defendant, who is difficult to obtain a driver's license by means of a general written examination due to the academic background of early retirement from elementary school, renounced his/her license and did not know of the procedure for obtaining a driver's license by means of an oral examination, etc., and thus, he/she seems to have the ability to drive, and even if he/she committed the same crime, he/she did not cause traffic danger even though he/she repeated the same crime, and other circumstances that are conditions for sentencing, such as the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, etc., the punishment determined by the court below cannot be deemed to be unfair because it is too unreasonable.

The prosecutor's ground of appeal cannot be accepted.

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

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