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(영문) 울산지방법원 2013.11.15 2013노792

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the overall circumstances of the instant case, the sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. The court below reasoned that the defendant's age, power, character and conduct, environment, motive and circumstance of the crime (the defendant's age, character and environment, together with son at home, was frightened with son at home, but at night, she was driven in order to get her house out of her house. However, although the defendant's vehicle driving is not D's vehicle, but e-owned by the defendant's branch, and the defendant's motive for drinking alcohol in the report on the drinking situation of her driver's association was stated as "meeting". On the other hand, the defendant's vehicle was frighten in the police alone, but she was frighten in the police alone, but it was difficult to accept the defendant's assertion that the defendant's driving continuously changed, as it was difficult to see that there was any special circumstance that the defendant's assertion about the circumstances of the crime and the punishment of this case after considering all the circumstances determined by the court below.

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