(영문) 울산지방법원 2018.02.02 2017노1572 | 리걸엔진

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(영문) 울산지방법원 2018.02.02 2017노1572

도로교통법위반(무면허운전)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In light of the judgment, the risk of driving without a license or driving without a license of this case has been realized, and traffic accidents have not occurred, the Defendant took an attitude to recognize and reflect his mistake in depth, and the Defendant’s family and branch members want to take the Defendant’s seat, etc. are favorable to the Defendant.

However, the defendant has already been sentenced to three same kinds of fines, as well as the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) around April 2017, and was under the suspension of the execution of imprisonment without prison labor for six months. While the driver's license was revoked due to the above case, the defendant once again drives the above case after drinking about three months from the above case. The criminal situation is very heavy, and the defendant's blood alcohol concentration at the time is about 0.143%, which is disadvantageous to the defendant, and the defendant's age, sex, sex, environment, motive, means and consequence of the crime, circumstance after the crime, change of circumstances after the sentence of the court below, etc., considering that the defendant's economic situation, family relation, and this case's imprisonment is under the suspension of the execution of imprisonment for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) after the sentence of the court below, it cannot be deemed that the judgment of the court below is unreasonable and unreasonable.

Therefore, the defendant's above assertion is without merit.

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

참조조문

-교통사고처리 특례법

유사 판례

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