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(영문) 울산지방법원 2016.12.01 2016노785
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 1,500,000 (fine 1,50,000) is too unhued and unreasonable.

2. The judgment of the defendant was sentenced to a suspended sentence of imprisonment for driving under the influence of alcohol in 2013 and was sentenced to imprisonment for driving without a license during the period of the suspended sentence, and committed the instant crime at least six months after the prison prison labor, and thus, the possibility of criticism is very high.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant offenses; (b) the Defendant did not proceed to the same result as a traffic accident due to a mere unauthorized driving, which is not accompanied by drinking; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant offense; and (d) circumstances leading to the instant sentencing conditions as shown in the trial process, such as the circumstances before and after the instant offense; and (b) the lower court’s sentence is too unreasonable and unreasonable. Therefore, the 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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