beta
(영문) 울산지방법원 2017.11.03 2017노1179

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. The judgment of the court below shows the attitude of reflecting the defendant's mistake while recognizing the crime, there are some other circumstances that may be taken into account in the course of a repeated crime, the social relation of the defendant is clear and the defendant's wife wanted, and the defendant again commits the crime of this case although he had been punished several times for the same crime. In particular, on June 29, 2016, the defendant was sentenced to six months of imprisonment due to a crime of violating the Traffic Act at the Ulsan District Court for the same kind of crime and was released on December 23, 2016 and was released on December 29, 2016 during the execution of the sentence, and was committed during the period of a repeated crime for which the term of punishment expires, and the defendant's age, sex, sex, environment, family relationship, motive, circumstance, etc., and thus, the court below's assertion that the defendant's punishment was too unfair even if considering the circumstances favorable to the defendant.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

However, since it is apparent that the application column of the judgment of the court below was omitted in the application column of the repeated crime, the first head of the crime contains the criminal record of the repeated crime, and the reason for the sentencing also stated that the criminal record of the defendant was considered.

Pursuant to Article 25(1) of the Regulation on Criminal Procedure, "1. Pursuant to Article 25(1) of the Criminal Procedure Act, "1. Pursuant to paragraph 5 of the judgment of the court of the court below ex officio," "1. Aggravation of repeated crimes" and "Article 35 of the Criminal Act," respectively.