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(영문) 울산지방법원 2018.11.30 2018노1027

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The judgment of the defendant, even though he was punished several times for the same crime, was driving without obtaining a driver's license. In particular, the crime of this case is a crime committed during the period of repeated crime due to drinking driving and driving without a license. However, the defendant's attitude to recognize and reflect the crime is shown. This case is a simple non-exclusive driver who does not cause the accident, the defendant is driving without a license, the defendant is able not to repeat the crime, and the defendant's health is not good, and other favorable factors of sentencing as shown in the arguments, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, the means and consequence of the crime, etc., are considered, taking into account all the factors of sentencing as stated in the arguments, the prosecutor's assertion is without merit.

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.