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(영문) 울산지방법원 2016.11.04 2016노1610
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment is based on the facts that the defendant recognized the crime of this case and reflects the fact that the defendant is favorable to the defendant, or that the defendant has been punished several times, including a sentence once and a suspended sentence once due to the same kind of crime. In particular, on October 11, 2012, the defendant was sentenced to six months by imprisonment at the Ulsan District Court for the crime of violation of the Road Traffic Act (unlicensed Driving) at the Ulsan District Court on April 9, 2013, and did not take part in the crime of this case even during the period of repeated crime after the execution of the sentence was completed on April 9, 2013, and there is no other circumstances or changes in circumstances that may be newly considered in sentencing after the decision of the court below was rendered, and the sentence of the court below is too unreasonable. Thus, the above defendant's assertion is without merit.

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

However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, the previous records of the judgment of the court below are added to the summary of the evidence: an investigation report (Attachment of the latest same kind of crime judgment), and an investigation report, and a confirmation of the fact of release

.

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