logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.11.02 2018노921
도로교통법위반(무면허운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of the judgment, even though the Defendant had been subject to punishment for driving without a license, the Defendant paid a traffic accident by driving without a license, Defendant has a number of penal records outside the above previous convictions, and in particular, committed the instant crime during the repeated crime period of fraud, etc., is disadvantageous to the Defendant.

On the other hand, in full view of the following circumstances: (a) the Defendant committed a crime while committing a crime, and the Defendant reflects the mistake in depth; (b) the time and distance from the driving without a license of this case is relatively short; and (c) the victim of a traffic accident agreed with the victim of the traffic accident, there are other favorable circumstances, such as the Defendant’s family relation, age, sex, environment, motive, means and consequence of the crime; and (d) all the sentencing conditions in the argument of this case, including the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be deemed to be within a reasonable and appropriate scope,

Therefore, the above assertion by the defendant and the prosecutor is without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow