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(영문) 청주지방법원 2019.02.21 2018노1105
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (three million won of a fine) against the Defendant as to the summary of the grounds for appeal is unreasonable as it is too unhued.

2. In light of the following circumstances: (a) the Defendant had been punished twice due to the violation of the Road Traffic Act due to a non-licenseless driving in the past; (b) the Cheongju District Court sentenced the Defendant to imprisonment for six months or two years due to the violation of the Road Traffic Act; (c) on November 3, 2017, which became final and conclusive in the judgment; and (d) the Defendant committed the instant crime without being aware of the fact that the judgment was during the period of probation; and (c) the Prosecutor asserts that the Defendant was an unfavorable sentencing factor against the Defendant in the trial at the trial, the Defendant is in profoundly against the Defendant’s confession of the instant crime as a physically disabled person; and (d) there is a need for the Defendant to support the aged and her spouse with intellectual disability who were physically handicapped, including the fact that the Defendant’s age, character, family environment, circumstance of the instant crime, and circumstances after the crime, etc., the lower court’s sentencing is too unhued and thus, is not recognized to have exceeded the reasonable scope of discretion.

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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