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(영문) 울산지방법원 2018.01.12 2017노1470
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. According to the circumstances favorable to the Defendant, each of the crimes in the instant case is likely to be driven by the Defendant while under the influence of alcohol and to detect one’s own alcohol while driving, and thus, led the F to drive the Defendant under the influence of alcohol. As such, each of the crimes in the instant case is likely to lead the Defendant to drive the Defendant under the influence of alcohol and to detect one’s own alcohol.

A false statement is made even after driving a vehicle without a driver's license, and the defendant again committed the crime of this case even though he had the record of punishment for the same kind of crime, and the offender also committed the crime to conceal his own crime, and thereby undermining the discovery of the truth by an investigative agency is disadvantageous to the defendant.

In full view of the above favorable circumstances and other circumstances, such as the defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that are the conditions for sentencing as shown in the pleadings, even if considering all favorable circumstances for the defendant, it cannot be deemed unfair because the court below’s punishment is too unreasonable. Thus, the 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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