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(영문) 울산지방법원 2019.03.29 2018노1252

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The Prosecutor’s summary of the grounds for appeal (hereinafter “the Prosecutor’s appeal”), which was pronounced by the lower court, is too unhued and unreasonable.

2. At the time of the instant crime, the Defendant was punished for a fine of KRW 300,00 for the violation of the Road Traffic Act (non-licensed driving), the violation of the Guarantee of Automobile Accident Compensation Act, the violation of the Road Traffic Act (driving) and the violation of the Guarantee of Automobile Accident Compensation Act, and the violation of the Guarantee of Automobile Accident Compensation Act. The Defendant was sentenced to the fine of KRW 4 million and committed the instant crime of the same kind for three months, which is disadvantageous to the Defendant.

On the other hand, however, the circumstances favorable to the defendant are also recognized, such as the fact that the defendant committed a crime against the wrong, and that the risk of the crime of this case is realized, and that the risk does not lead to traffic accidents, etc.

In addition, comprehensively taking into account the following factors: Defendant’s age, family relation, economic situation, character and conduct, environment, circumstances after the crime was committed, and whether there was change in circumstances after the sentence of the lower judgment, the lower court’s sentence appears to be within a reasonable and appropriate scope and cannot be deemed unreasonable.

Therefore, prosecutor's assertion is without merit.

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.