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(영문) 청주지방법원 2020.02.06 2019노929
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal, given that the Defendant, who had been subject to multiple criminal punishment for a violation of the Road Traffic Act due to a violation of the same drinking or unlicensed driving of the same kind of case, was under the suspension of execution and was engaged in driving without a license at the same time, the lower court’s punishment is too uneasible and unfair.

2. The court below decided the above punishment against the defendant on the grounds of sentencing as stated in its reasoning. The above circumstances alleged by the prosecutor as the grounds for sentencing unfavorable to the court below are deemed to have been sufficiently taken into account when determining the punishment in the court below. In light of the fact that the defendant was committed in this case and the defendant was in profoundly against his wrongness, and the defendant was only one time after 2000, the defendant's age, character, character, environment, motive, motive, means and consequence of the crime, and the circumstances after the crime were committed, it cannot be recognized that the judgment of the court below exceeded the reasonable scope of discretion by taking into account the following factors: the defendant's age, character and behavior, environment, motive, means and consequence of the crime;

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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