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(영문) 청주지방법원 2019.06.13 2018노1539
도로교통법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the Defendant, who habitually committed the crime of non-licensed driving like the instant case, was issued a summary order on February 9, 2018 due to the violation of the Road Traffic Act due to drunk driving on February 9, 2018, and committed the instant non-licensed driving without a license in the instant case, and that the Defendant, while committing the instant non-licensed driving without a license in the instant case, destroyed the parked vehicle and escaped without providing personal information, etc., the lower court’s punishment (three million won of a fine) is deemed to be too uneasible and unfair.

2. In light of the following: (a) the lower court appears to have determined the sentence in light of the above circumstances as stated in the Prosecutor’s assertion; (b) the Defendant committed the instant crime; and (c) the Defendant seems to have been parked in the outside of the parking zone; and (d) the damaged vehicle also appears to have been parked in the outside of the parking zone; and (c) other factors for sentencing as indicated in the instant case, including the Defendant’s age, character and conduct, environment, circumstances leading to the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment is determined

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

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