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(영문) 울산지방법원 2016.09.22 2014노1159

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 7,00,000) is too unhued and unreasonable.

2. The judgment of the Defendant was subject to criminal punishment several times for the same crime, and, in particular, in the Daegu District Court’s support on March 2, 2012, the Defendant committed the instant crime while serving a repeated crime after being sentenced to imprisonment for a violation of Road Traffic Act (dacting driving), etc. on the grounds of a violation of the Road Traffic Act (dacting driving) in the Daegu District Court’s Ansan-dong branch on December 10, 2012.

However, in full view of all the circumstances that are the conditions for the sentencing of this case, such as the Defendant’s age, sexual conduct, environment, motive and circumstance leading to the instant crime, circumstance before and after the instant crime, etc., the lower court’s punishment is too unfeasible and unreasonable, and thus, the Prosecutor’s aforementioned assertion is groundless.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.