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(영문) 울산지방법원 2016.09.08 2016노1050

도로교통법위반(음주운전)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too minor or unreasonable;

2. The judgment of the defendant has a record of criminal punishment several times, including imprisonment with prison labor and suspension of execution due to the same crime, and the fact that the defendant was sentenced to imprisonment with prison labor for an attempted rape on July 3, 2015 and completed the execution of the sentence on February 16, 2016 and committed the crime of this case during the period of repeated crime is disadvantageous to the defendant.

However, in full view of all the circumstances that are the conditions for the sentencing of this case, including the Defendant’s age, character and conduct, environment, and circumstances before and after the commission of the crime in this case, the Defendant seems to have been exposed to the crackdown on drinking in a manner that led to drinking after drinking the preceding day, and the Defendant appears to have been found to have been exposed to a serious traffic accident, etc., and the result of a traffic accident, etc., the Defendant’s blood concentration level and the Defendant’s age, character and behavior, environment, and circumstances before and after the commission of the crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s aforementioned assertion are

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.