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(영문) 울산지방법원 2016.11.18 2016노1387
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 on board was committed by the Defendant with a summary order of KRW 5 million due to a drunk driving, and the license was revoked, resulting in a traffic danger by driving the vehicle at 3 km. In light of the background of the crime, the driving distance, etc., the nature of the crime is not easy, and the Defendant again committed the crime of this case while an investigation is being conducted due to the same type of driverless driving.

However, in full view of the circumstances favorable to the Defendant, including the fact that the Defendant recognized and reflected the instant crime, the occurrence of any additional traffic accident in the instant crime, and the fact that there was no penalty force other than once a fine as seen earlier, as well as the fact that there was no other punishment force, etc., and all of the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, family relation, criminal record, 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

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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