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(영문) 울산지방법원 2017.12.08 2017노1261

도로교통법위반(음주측정거부)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. In light of the fact that the Defendant had already been punished several times for the same kind of crime, but failed to comply with a police officer’s request for measurement of lawful drinking without a driver’s license, and in light of the fact that the Defendant again committed the instant crime without being aware of the completion of the execution of imprisonment for the same kind of crime, etc., the Defendant’s liability is not easy, but the Defendant appears to recognize and reflect the crime, and that there was no additional damage such as causing traffic accidents due to the instant crime, etc., the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the Defendant’s argument that the Defendant’s punishment imposed by the lower court is too uneasy and unreasonable. Thus, the Prosecutor’s assertion is without merit.

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 appeal is without merit. It is so decided as per Disposition.