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(영문) 울산지방법원 2020.01.16 2019노1132

도로교통법위반(무면허운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. Determination of the grounds for appeal of this case is the circumstances favorable to the defendant, such as the confession of each of the crimes in this case and the violation of his mistake, the degree of injury suffered by the victim seems not to be serious. The defendant agreed to the extent that the defendant agreed smoothly with the victim in the investigation process, the defendant's living cost is also borne by the mother while supporting the child living alone, and the defendant's family and branch family and branch members appeal against the defendant.

However, each of the instant crimes committed by the Defendant was committed while driving a vehicle without a driver's license, and the Defendant suffered injury to the victim in the traffic accident. The Defendant had been punished 8 times or more due to a driver's license without permission, and there are many other traffic crimes. In particular, on November 24, 2017, the Ulsan District Court sentenced the Defendant to imprisonment for 6 months, 2 years of suspension of execution, 4 months of suspension of execution, 2 years of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Daegu District Court on February 23, 2018, and sentenced to 2 years of suspension of execution, and the judgment becomes final and conclusive March 3, 2018, and there is no special reason to change the sentencing of the Defendant, and there is no other reason to change the sentencing of the lower court, and there is no reason to believe that the Defendant's environment, character, and environment, motive and circumstance leading up to the instant crime, as well as all other circumstances, etc.

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