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(영문) 울산지방법원 2016.02.05 2015노1418

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, observation of protection and 40 hours of education) is too uneasy and unreasonable.

2. The Defendant committed each of the instant crimes even though he/she had been punished twice due to drinking, including the history of causing a death during driving under drinking, and the Defendant again committed the crime No. 2 of the instant crime as indicated in the judgment of the lower court because it was merely two weeks in the situation where he/she appealed after being investigated by the police due to the crime No. 1 of the criminal facts in the judgment of the lower court, and it is deemed that he/she continued to interfere with driving without a license on November 7, 2014 after his/her driver’s license was revoked.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant all of the crimes in this case are recognized and are in a deep depth, simple drinking and non-licensed driving, the occurrence of an additional traffic accident is not occurred, the defendant seems to be economically difficult to support the defendant, and the family members who support the defendant appear to have a very difficult living when the defendant is detained, and the defendant's age, family relation, criminal records, sex relationship, sex behavior, environment, means and method of the crime, motive and circumstance of the crime, etc., all of the sentencing conditions specified in the arguments in this case, such as the defendant's age, family relation, criminal records, sexual behavior, environment, means and method of the crime, etc., shall not be determined as unfair because the sentence imposed by the court below

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.