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(영문) 청주지방법원 2017.05.25 2017노85
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

On September 1, 2008, the Defendant was sentenced to a fine of KRW 7 million for a crime of driving without a license on September 1, 2008, to a fine of KRW 4 million for a crime of violating the Traffic Act on November 14, 2014, and a crime of violating the Traffic Act on roads (non-licenseless driving) and a violation of the Traffic Act on February 1, 2016, and was sentenced to a fine of KRW 1 million for a crime of driving without a license on February 1, 2016.

No defendant has obtained a driver's license.

Circumstances favorable to the defendant shall be as follows:

The defendant has been driven inevitably for his livelihood.

In the case of the crime of this case, the vehicle's passage from the Cheongcheon-gun, Cheongcheon-gun, Cheongcheon-do, the place where the crime of this case was committed to the roads in front of the fire station of 69 leader of the same Eup to the 69 leader of the same Eup-do. The vehicle's traffic has not been increased, and the risk of traffic accidents due to the operation without the license of this case has not been realized.

On August 13, 1991, the defendant has no record of criminal punishment exceeding a fine, except imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, for an old term.

The defendant repents his mistake and reflects his mistake.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

The prosecutor's assertion is without merit.

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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