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(영문) 울산지방법원 2014.06.13 2014노250
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the overall circumstances of this case, the sentence of a fine of 3 million won imposed by the court below on the defendant is too unhued and unfair.

However, considering the fact that the Defendant had five drinking skills and five driving skills, including the instant crime, was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Busan District Court on June 25, 2013, which became final and conclusive on July 3, 2013, and repeated driving without obtaining a license, it would be necessary to impose criminal liability corresponding to the repeated crime by deeming that the Defendant had a attitude to view road traffic order, and thus, it is necessary to impose criminal liability corresponding to the repeated crime.

However, in light of the following: (a) the instant crime was committed on behalf of the Defendant by proving that the Defendant driven a part of the section on behalf of the Defendant, and the circumstances leading to the Defendant’s driving without a license; (b) the Defendant led to confession and in depth to commit the instant crime; and (c) the Defendant recognized that the instant crime was the last opportunity and did not drive without a license; (d) the Defendant was currently selected as a person subject to a special amnesty after the judgment of the lower court; and (e) the Defendant’s age, family relation, criminal record, relationship, character and conduct, environment, means and method of committing the instant crime, and all other sentencing conditions, such as the Defendant’s age, family relation, character and conduct, means and method of committing the instant crime, and circumstances after committing the crime, etc., the sentence imposed by the lower court is deemed reasonable,

If so, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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