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(영문) 울산지방법원 2019.06.20 2019노374
도로교통법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Regarding the summary of the grounds for appeal (six months of imprisonment), the Defendant appealed against the punishment imposed by the lower court, asserting that the punishment is too unreasonable, and the Prosecutor appealed against the prosecution’s allegation that the punishment is too uneasible and unreasonable.

2. We examine each of the grounds for unfair sentencing by the Defendant and the prosecutor.

In addition, even though the defendant not only has a criminal history of punishment due to fraud, but also has been punished for traffic-related crimes, such as three times of driving like drinking, three times of driving without license, and three times of driving without license, the crime of this case has been committed.

On September 25, 2018, even though he/she was tried to commit a crime without a license on September 25, 2018, he/she committed a crime without a license on February 21, 2019, and thus, he/she is highly likely to repeat a crime.

The damage recovery caused by the instant traffic accident was not properly conducted, and it did not reach an agreement with the victim.

On the other hand, it is recognized that the Defendant recognized all of the instant crimes and misleads the Defendant, and that the health condition is not somewhat better due to a pulmonary disease, etc.

Comprehensively taking account of the above circumstances, the lower court’s punishment is too heavy or unreasonable.

The defendant and prosecutor's assertion of unreasonable sentencing are without merit.

3. In conclusion, each appeal filed by the Defendant and the prosecutor is without merit, and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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