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(영문) 울산지방법원 2016.10.27 2016노993
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. The judgment of the defendant has a record of criminal punishment for five times due to driving without a license and two times due to drinking driving, and in particular, on November 21, 2014, the Ulsan District Court sentenced the imprisonment for eight months due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (doing Vehicle) at the Ulsan District Court on the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) and was sentenced to a fine for one time due to a license without a license during the suspended execution period, and committed

However, in full view of all the circumstances, including the fact that the defendant recognized all the crimes of this case as a result of heavy traffic accidents, and that it did not proceed as a result of the same serious traffic accidents, and the defendant's age, character and conduct, environment, motive and circumstances leading to the crime of this case, and circumstances leading to the crime of this case, which are the conditions for the sentencing of this case as shown in the process of trial and records, such as the circumstances before and after the crime, the sentence of the court below is too uneasible and unreasonable,

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

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