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(영문) 청주지방법원 2016.04.28 2015노1411
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, one year of suspended execution, 80 hours of community service order, and 40 hours of compliance driving instruction) is too uneasy and unreasonable.

2. The circumstances unfavorable to the defendant are as follows.

On April 4, 2002, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (unlicensed Driving) and a violation of the Road Traffic Act on November 18, 2004 and a violation of the Road Traffic Act on November 18, 2004, and sentenced to a fine of three million won for a violation of the Road Traffic Act on October 6, 2005, and a fine of 4.5 million won for a violation of the Road Traffic Act on May 2, 2013.

The conditions favorable to the defendant shall be as follows:

The previous criminal records before the defendant's imprisonment for a long time is ten years.

The Defendant made a confession of all the crimes of this case, and is against the truth.

The odometer is 1km and is relatively short.

The defendant seems to form a sound relationship with family and society.

In other words, the defendant has a strong intention to refrain from drinking or driving without a license.

The Defendant did not proceed to drinking or traffic accidents.

In full view of the various circumstances surrounding the above defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions specified in the records and arguments of this case, the defendant's family relationship and social life relationship cannot be deemed to be sufficient to be severed and isolated from society, and the court below's punishment cannot be deemed to be unfair due to excessive unreshion of the defendant's punishment.

The prosecutor's assertion is not accepted.

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 appeal is without merit. It is so decided as per Disposition.

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