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(영문) 울산지방법원 2018.01.19 2017노1325
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (3 million won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Determination as follows: (a) the risk of driving without the instant license has been realized and the occurrence of a traffic accident has not occurred; and (b) the Defendant reflects the Defendant’s wrongful conduct while committing the crime in depth; and (c) the circumstances favorable to the Defendant.

On the other hand, the defendant has been punished several occasions due to drinking, driving without a license, etc., and even though the appellate court was sentenced to a fine of KRW 3 million on January 2017, which was discovered in around August 2016, and was again committed the crime of this case, the defendant was judged to have a high risk of recidivism, such as committing again committing the crime of this case, etc., which is disadvantageous to the defendant. In addition, comprehensively taking account of the defendant's economic situation, age, sex, environment, motive, means, means, and result of the crime, all of the sentencing conditions shown in the argument of this case, including the circumstances after the crime, etc., the sentence of the court below is deemed to be within a reasonable and appropriate scope, and it cannot be deemed 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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