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(영문) 울산지방법원 2017.11.16 2017노1048
도로교통법위반(무면허운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfilled and unfair.

2. Although the defendant was punished for driving without a license several times, the crime of this case is a crime during the period of repeated crime, although the defendant was led to confession and reflect, the defendant is not accompanied by traffic accidents, and there are no sentencing guidelines for the violation of Road Traffic Act (unlicensed driving) and the violation of the Guarantee of Automobile Compensation Act, which are shown in the arguments and records of this case, including the fact that the crime of this case is committed during the period of repeated crime.

In full view of the foregoing, the lower court’s sentence imposed on the Defendant deviates from the sentencing discretion.

It is not recognized that it is unfair because it is so unfased enough to be assessed.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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