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(영문) 울산지방법원 2017.11.24 2017노1309
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 shows the attitude of the defendant to reflect his mistake by recognizing the crime, that the defendant disposes of the vehicle and does not repeat the crime, and that the distance of the defendant's driving is relatively short, etc., which are favorable to the defendant, or the defendant again commits the crime of this case despite the fact that the defendant had been punished several times of the same crime. In particular, the crime of this case is committed under the unfavorable circumstances such as the defendant's age, sexual behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the execution of imprisonment for a repeated crime due to the like traffic crime and the crime of this case has been completed, and other circumstances that are conditions for sentencing as shown in the pleadings, such as the defendant's age, sexual behavior, environment, family relationship, motive and circumstance of the crime, etc., even if considering all favorable circumstances for the defendant, it cannot be deemed unfair because the sentence of the court below is too unreasonable. Thus,

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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