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(영문) 울산지방법원 2016.06.03 2016노497

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case was committed on June 24, 2013 by the Defendant under the influence of alcohol, and on December 12, 2013, two times of the same kind, such as being punished by a fine of KRW 3 million on June 24, 2013, and a fine of KRW 5 million on December 12, 2013, resulting in repeated traffic danger by driving under the influence of alcohol concentration of KRW 0.069% during blood again, and the crime is inferior, and the occurrence of an accident involving telegraphs without being subject to simple driving, and the current Road Traffic Act provides that a person who has violated the prohibition provision of drinking twice or more shall be punished by aggravating under the influence of alcohol, as in this case, for the purpose of preventing the driving of alcohol threatening the safety of road traffic and raising awareness about it.

However, in full view of the circumstances favorable to the Defendant and other factors such as the Defendant’s age, sex, home environment, motive and circumstance of the crime, means and consequence of the crime, and various sentencing conditions in the pleadings of the instant case, such as the circumstance before and after the crime, etc., it is not deemed that the sentence imposed by the lower court is too uneasy and unfair, in view of the following: (a) the Defendant’s disposal of his own car and the treatment of alcohol abuse symptoms; (b) the degree of his driving at the time of the instant crime; and (c) there is no record of criminal punishment exceeding the fine.

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