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(영문) 울산지방법원 2019.02.14 2018노1089
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. As to the grounds for appeal, a traffic accident occurred due to the negligence of the other party to the vehicle where the defendant stopped and tried to turn to the left, the fact that the defendant did not cause an accident is favorable to the defendant.

However, the crime of this case was committed by the Defendant without a driver's license and driving at an erroneous drive without a mandatory insurance without a license, which led to a high possibility of criticism in terms of enhancing the risk of traffic accidents by itself, driving an erroneous drive without a mandatory insurance without a license, causing considerable public safety, and the Defendant was punished for driving without a license on several occasions from around 201 to February 23, 201 (nine-time driving without a license, and seven-time driving without a license). The same case as the case of this case on February 23, 2017, even though the Defendant was sentenced to a suspended sentence of imprisonment with prison labor due to drinking, without a license, and driving without a license during the suspended sentence period, repeats driving without a license and driving without a license during the suspended execution period, and thus, the risk of recidivism is very unfavorable to the Defendant.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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