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(영문) 울산지방법원 2020.11.27 2020노1123

도로교통법위반(무면허운전)

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment is based on the circumstances favorable to the defendant, such as the defendant's attitude to recognize and reflect his/her mistake, and the fact that the defendant has yet to age is favorable to the defendant.

However, even though the defendant had been in the period of suspension of execution due to the same criminal act, the defendant committed the crime in this case even though he had been in the same criminal act, which seems to have no opening and high possibility of criticism, and the defendant is repeatedly driving without a license even though his license was revoked on July 2018, which seems to be weak in compliance awareness, and the occurrence of physical damage at the time of the crime in this case is disadvantageous to the defendant. In full view of all the sentencing conditions of the arguments in this case, such as the defendant's character and behavior, environment, motive for the crime, and circumstances after the crime, the court below's punishment cannot be deemed to be excessively unreasonable.

Therefore, the defendant's assertion is without merit.

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