beta
(영문) 울산지방법원 2021.02.09 2020노1595

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment and a fine of 300,000 won) is too unreasonable.

2. As to the reasons for appeal, the fact that the defendant would not repeat again while reflecting his mistake is going against himself, that the victim does not want the punishment of the defendant in agreement with the victim, and that there are some circumstances that can be considered in the living environment of the defendant is favorable to the defendant.

On the other hand, even if the defendant had been punished for a crime of driving the same kind of drinking, the defendant committed the crime of this case during the period of repeated crime after being sentenced to punishment due to the crime of driving the same kind of drinking, in particular, the defendant committed the crime of this case during the period of repeated crime, the distance of driving the same kind of drinking and the degree of alcohol level in blood at the time, and the occurrence of a traffic accident while driving the same kind of drinking is disadvantageous to the defendant

In addition, considering the Defendant’s age, sex and environment, motive, means and consequence of the crime, and all of the sentencing factors in the process of the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 53, Article 55(1)3 of the Criminal Act on the ground that “Article 55(1)3 of the Criminal Act” in Article 53, Article 55(1)3 and Article 55(1)6 of the Criminal Act on the ground that it is obvious that the Defendant’s appeal is a clerical error in Article 53, Article 55(1)3 and 6 of the Criminal Procedure Act on the ground that Article 25(1) of the Rules on the Criminal Procedure is corrected.