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(영문) 청주지방법원 2019.10.17 2019노495
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) considering the fact that the defendant, who has been punished several times, including the violation of the Road Traffic Act due to the non-licensed driving, such as this case, appears to have considerable risk of re-offending, such as engaging in a repeated crime due to the same kind of crime and driving without a license; (b) the court below’s punishment (three million won of a fine) is too unscheduled and unfair.

2. In light of the judgment, the circumstances alleged by the prosecutor in the grounds of appeal are deemed to have been sufficiently taken into account when determining the punishment in the court below. The defendant committed the crime in this case while recognizing the fact of the crime in this case, and his mistake is divided in depth. In this case, the short distance of 1km is merely driving without a driver's license, and other sentencing factors in this case, including the defendant's age, character and behavior, environment, circumstances, means and consequence of the crime, and circumstances after the crime, are taken into account, it cannot be recognized that the court below's sentencing judgment is too unfeasible and it 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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