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(영문) 울산지방법원 2013.08.30 2013노470

도로교통법위반(음주운전)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of the case by the defendant, the punishment (a fine of eight million won, etc.) imposed by the court below is too unreasonable.

B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too unfasible and unreasonable.

2. In full view of the following circumstances: (a) the Defendant’s assertion that the Defendant’s blood alcohol content at the time of the instant crime reaches 0.140%; (b) the Defendant was sentenced to a fine several times due to a violation of the Road Traffic Act or a violation of the Road Traffic Act; (c) the Defendant was sentenced to a suspended sentence of ten months on September 7, 2012; and (d) again committed each of the instant crimes during the grace period; (b) the Defendant was sentenced to a suspended sentence of two years on September 7, 2012; (c) the vehicle driven by the Defendant was a motorcycle of 49C; (d) the distance of the Defendant driven by the Defendant was relatively short; and (e) the Defendant was disposing of the motorcycle and did not repeat again against his mistake; and (e) other favorable circumstances, such as the Defendant’s age, character and conduct, circumstances after the instant crime, etc., the Defendant’s sentence imposed by the lower court is deemed reasonable; and (e) the Defendant and the prosecutor’s assertion that it is unreasonable is unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.