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(영문) 울산지방법원 2017.11.24 2017노1251
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (five months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In light of the judgment, the risk of driving without the license of this case has not occurred due to the reality of the risk of driving without the license of this case, the defendant showed the attitude of recognizing and opposing his mistake, and the fact that family and branch members want to find the defendant's preference, etc. are favorable to the defendant.

However, in light of the Defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, change of circumstances after the sentence of the lower judgment, etc., even if considering the Defendant’s health and economic conditions, etc., the lower court’s sentence appears to be within a reasonable and appropriate scope, and is too unreasonable, even if it is considered that the Defendant’s health and economic conditions were to be considered in light of the following factors.

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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