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(영문) 청주지방법원 2016.06.24 2015노1143
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of suspended execution of imprisonment with prison labor for four months, one year of suspended execution of imprisonment, and one observation of protection) is too unhued and unreasonable

2. The lower court determined the Defendant by taking account of the following: (a) the Defendant’s mistake is seriously against the Defendant; (b) the Defendant’s detention entails excessive difficulty to his dependants; (c) the Defendant appears to have driven for his occupation and business; and (d) the Defendant was punished several times for a crime of the same kind since 2008, but there was no less punishment than a suspended sentence.

The above sentencing of the lower court is reasonable.

The defendant shall have four young children, and shall support his/her spouse and children.

In addition, while the defendant did not obtain a driver's license because he has serious difficulties in understanding the writing, he did not obtain a driver's license. However, the driver's license is different from the written one by recording the problem and recording it.

Accordingly, we would like to find ways to obtain the defendant's India License.

The intention is to improve the situation, such as making efforts.

In addition, the determination of sentencing exceeded the reasonable limit of discretion in full view of the matters on the conditions of sentencing and the statutory penalty, etc.

It is not recognized that it is unfair to maintain the judgment of the court below as it is.

Therefore, prosecutor's sentencing and warning cannot be 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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