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(영문) 울산지방법원 2017.01.06 2016노1663
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (1.5 million won in penalty) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognizes and reflects his mistake; (b) the occurrence of any additional traffic accident due to the instant crime; (c) there is no record of criminal punishment exceeding the fine; and (d) there is a family member to support.

However, the crime of this case was committed by the Defendant with a 50km driver’s license revoked due to drinking and causing traffic hazard. In light of the background of the crime and the driving distance, etc., the quality of the crime is not weak in light of the background of the crime, the driving distance, etc., and even if one has been sentenced to a fine for the same kind of crime, again commits the crime of this case, taking into account the circumstances unfavorable to the Defendant and other factors of sentencing, such as the Defendant’s age, sex, family environment, motive and background of the crime, means and consequence of the crime, and the circumstances before and after the crime, etc., it is not recognized that the sentence imposed by the lower court is too unfair.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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