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(영문) 울산지방법원 2017.08.25 2017노779
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (four months of imprisonment) against the Defendant on the summary of the grounds of appeal by the Defendant is too unreasonable.

2. The judgment is based on the following facts: (a) the instant crime committed by the Defendant was committed in the process of making the president of the customer’s business as the business of the Defendant, and there are some other circumstances to consider the background of the crime; (b) the time and distance from the hours of driving without a license is relatively short; (c) the risk of driving without license is not realized; (d) the Defendant is in profoundly against the mistake while committing the crime; (e) disposes of the vehicle while doing so; and (e) disposing of the vehicle while taking advantage of the fact that it does not reach recidivism; and (e) the branch and his family members are clearly in a social relationship with the Defendant.

On the other hand, the Defendant had a history of having been punished more than ten times for the same crime, and the Defendant committed a violation of the Road Traffic Act (drinking) and a violation of the Road Traffic Act (licensed driving) on or around November 2016, despite being sentenced to a suspended sentence of two years on the grounds of imprisonment with prison labor for a violation of the Road Traffic Act and the violation of the Road Traffic Act, and judged that the risk of recidivism, such as committing the instant crime, is significantly high. In full view of all the sentencing conditions of the Defendant’s family relation, workplace, age, sexual behavior, environment, etc., the lower court’s punishment appears to be reasonable and appropriate, and it does not seem unreasonable.

Therefore, the defendant's above assertion is without merit.

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.

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