logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2017.02.17 2016노805
도로교통법위반(무면허운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4.5 million won in penalty) declared by the court below on the gist of the grounds of appeal is too unfluent and unreasonable.

2. The lower court rendered a sentence against the Defendant, taking into account all favorable circumstances to the Defendant, such as the fact that the Defendant was punished for multiple crimes, such as unlicensed driving, etc., and the Defendant committed each of the instant crimes without being subject to the suspension of execution due to other crimes, even though he had been prior to the suspension of execution due to driving without obtaining a license, etc., and the Defendant committed the instant crimes without being subject to the suspension of execution due to other crimes, etc., the Defendant led to confession and reflects each of the instant crimes, and deposited

There is no change in the conditions of sentencing compared with the original judgment because a new sentencing data has not been submitted in the first instance court.

The judgment of the court below exceeded the reasonable bounds of discretion, in light of the following: (a) the defendant was not guilty; and (b) the defendant’s family relation and statutory penalty are comprehensively considered.

shall not be assessed.

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.

arrow