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(영문) 울산지방법원 2017.03.23 2016노1826

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in the month of imprisonment for eight months, and forty hours of lectures of compliance driving) is too uneasible and unfair.

2. Unfavorable circumstances: The defendant has five criminal records in the same way.

In favorable circumstances: The blood alcohol concentration is relatively low.

There is no criminal conviction against the defendant, and there is no criminal conviction or heavier than suspended execution.

Considering the above unfavorable circumstances, the Defendant’s age, character and character environment, background of the crime, and circumstances after the crime, etc., as well as all the sentencing conditions indicated in the present arguments and records, it is not recognized that the sentence imposed by the lower court is too unfasible and unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.