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(영문) 울산지방법원 2020.11.13 2020노790
도로교통법위반(무면허운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (7 million won of a fine) against the Defendant in the summary of the grounds for appeal is deemed unreasonable because it is too unhued.

2. The judgment on the grounds for appeal committed a second offense despite the history of punishment for the same kind of crime. In particular, the Defendant committed the instant crime during the period of suspended sentence after having been sentenced to imprisonment with prison labor for the immediately preceding crime, and the occurrence of a traffic accident while driving without a license, and the risk of the occurrence of a traffic accident was realized, leaving the vehicle at the site after the occurrence of the accident, and leaving the site is not good enough

On the other hand, it is favorable to the defendant that the defendant would not repeat again while he reflects his mistake, that the damage caused by the accident in this case was completely recovered, and that there are some circumstances to consider the living environment of the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unjustifiable.

Therefore, prosecutor's assertion is without merit.

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

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