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(영문) 울산지방법원 2019.01.11 2018노994
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. Determination as follows: (a) the risk of driving without a license in this case has been realized and the occurrence of a traffic accident has not occurred; (b) the Defendant reflects the Defendant’s fault while committing the crime in depth while committing the crime; and (c) the Defendant’s wife wanting to take the Defendant’s wife, etc., which are relatively obvious social ties that are favorable to the Defendant.

However, on the other hand, the defendant was not only before and after a large number of drinking or unlicensed driving, including the suspended sentence of imprisonment, and in particular, on December 22, 2016, at the Ulsan District Court sentenced a two-year suspended sentence of imprisonment for a violation of the Road Traffic Act, and on October 27, 2017, the same court sentenced a two-year suspended sentence to imprisonment for a crime of fraud in June, 2017 and committed the crime of this case in each of the above suspended sentence. In addition, in full view of the financial situation, age, character and behavior, environment, and circumstances after the crime of this case, the sentence of the court below is deemed to be within a reasonable and appropriate scope, and it cannot be deemed to be excessively unfair.

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 on the ground that it is without merit. It is so decided as per Disposition.

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