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(영문) 울산지방법원 2017.10.27 2017노1103
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (three months of imprisonment) against the defendant in summary of the defendant's appeal grounds is too unreasonable.

2. Determination is based on the following: (a) the risk of driving without a license is realized and the occurrence of a traffic accident does not occur; (b) the Defendant reflects the error while committing the crime in depth while committing the crime; (c) the equity with the case of a violation of the Road Traffic Act (the sentence: imprisonment with prison labor for eight months and suspended execution for two years); and (d) the branch and his family members have to take into account the equity with the case of a judgment at the same time; and (e) the social relationship is relatively clear, such as the branch and his family members have wanted to take the

On the other hand, the defendant has been punished several times for the same crime, and the risk of repeating the crime of this case is significantly high, such as committing the crime during the appellate trial proceedings, such as the crime of violating the Road Traffic Act (non-licenseless Driving), which was prior to the judgment of the court below, and considering all the sentencing conditions of the defendant in the arguments of this case, such as family relation, workplace relationship, health condition, age, sexual behavior, environment, and circumstances after the crime, the sentence of the court below seems to be reasonable and appropriate, and it does not seem unfair.

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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