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(영문) 울산지방법원 2018.07.26 2018노552
자동차손해배상보장법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. As to the grounds for appeal of this case, the defendant recognized the crime of this case and reflects it, the number of blood alcohol level of 0.053% at the time of the case is not high, the occurrence of traffic accident is not caused by drinking or non-licensed driving, and the fact that the defendant is driving to work in the new wall manpower market and can be viewed as a type of living crime in favor of the defendant is favorable to the defendant.

However, the Defendant has been punished five times due to drinking driving and driving without a license, and the Defendant committed the instant crime during the repeated crime period due to the same crime, and the Defendant stated that he cannot obtain a driver’s license due to his gate, but he also stated that it is possible to view the driver’s license test. As such, the Defendant cannot be a defense for driving without obtaining a driver’s license, and the Defendant causes considerable danger to public safety by driving an Ortoobb that has not been covered by mandatory insurance in the state of drinking and driving without a license, etc. are disadvantageous to the Defendant.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unreasonable.

3. 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.

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