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(영문) 울산지방법원 2016.07.13 2016노592
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (four months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. Determination is that the Defendant was discovered while driving without obtaining a license even though his/her driver’s license was revoked due to drinking driving in 2014, and that the Defendant had been subject to criminal punishment five times (four times a punishment penalty, four times a suspended sentence, one time a suspended sentence) due to driving without a license, etc. before the instant case, and is disadvantageous to the Defendant.

However, in full view of the following: (a) the Defendant recognized the instant crime and did not repeat the crime; (b) the driving of drinking or traffic accidents in this case are not concurrent; and (c) the Defendant had been sentenced one-time suspension of execution due to driving without a license, etc., but it was a previous criminal record for about 10 years; and (d) the Defendant’s age, sex, environment; (b) details and motive leading to the instant crime; and (c) the circumstances after the instant crime, etc., and all of the sentencing conditions as indicated in the instant records and changes theory, the lower court’s punishment is deemed unreasonable as it is too unaffortuous.

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

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