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(영문) 울산지방법원 2017.11.30 2017노862
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.

In the instant crime, drinking or traffic accident was not accompanied by the pertinent crime.

There is a record that the defendant has been punished for more than 10 times due to a unauthorized driving.

The sentencing criteria are not set for crimes violating Road Traffic Act (unlicensed driving), which include the above favorable circumstances, the defendant's age, character and character environment, the motive means of crime, the result of the crime, the circumstances after the crime, etc., and all the kinds of sentencing conditions indicated in the records.

In full view of the above, it is not recognized that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too large.

3. 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.

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