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(영문) 울산지방법원 2016.12.09 2016노1395
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case, which committed the crime of this case under the influence of alcohol driving, causes danger to traffic by driving a vehicle 50 meters in a state where the license of the defendant was revoked due to driving under the influence of alcohol, and the crime of this case is committed again under the disadvantage of the defendant, since it has been sentenced to two times a fine due to the crime of driving without the same kind of alcohol driving, three times a fine due to the crime of driving without the same kind of alcohol, and one time a suspended sentence was imposed, and it has not been much much long, and

However, in full view of the circumstances favorable to the Defendant, including the fact that the Defendant recognized and reflected the instant crime, the short and short distance of operation in the instant crime, and the occurrence of additional traffic accidents, and the driver of the vehicle who was accompanied by a sudden injury, which led to the instant crime in the course of parking the vehicle on behalf of the driver, as well as other circumstances that may be considered in light of the circumstances, such as the circumstance favorable to the Defendant, such as the Defendant’s age, family relation, criminal records, character and conduct, environment, means and method of the instant crime, motive and circumstance of the crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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