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(영문) 울산지방법원 2017.11.10 2017노1169
도로교통법위반(무면허운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (three months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The grounds for appeal by the Defendant and the Prosecutor are also examined.

In full view of all the circumstances that are favorable to the defendant, such as the fact that the defendant had been punished for driving without a license several times prior to the instant case, the defendant who has not acquired a driver's license itself seems to have habitually been driving without a license, and the fact that the police officer failed to comply with the police officer's request and went off his vehicle without complying with his/her normal awareness, and the fact that he/she was imprisoned, etc., all of the previous convictions due to a driver's license and without a license, etc., which are disadvantageous to the defendant. The instant crime is a simplelessless license that does not entail any accident, and other circumstances that are favorable to the defendant, such as the defendant's age, sexual behavior, environment, criminal record, motive and circumstance of the crime, and the circumstances before and after the crime, etc., it does not seem that the sentence of the court below sentencing for three months is too heavy or unfair.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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