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(영문) 울산지방법원 2016.07.01 2016노653
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to four million won) is too unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant recognized and reflected his mistake, that there was no additional traffic accident due to the instant crime, that there was a family member to support without good health conditions.

However, in light of the circumstances unfavorable to the defendant, such as the defendant's act of sex, sex, family environment, motive and background of the crime, means and consequence of the crime, etc., the punishment imposed by the court below is too unreasonable, considering the following factors: (a) the defendant's act of committing the crime of this case was committed under the influence of 0.173% alcohol concentration in blood without a driver's license; (b) the crime of this case was committed under the influence of 0.173% alcohol concentration in blood without a driver's license; and (c) the crime of this case was punished three times by a fine due to the same kind of drinking and driving without a driver's license; and (d) the defendant again committed the crime of this case.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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