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(영문) 울산지방법원 2018.08.23 2018노497

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable. The punishment (4 million won) imposed by the defendant is too unreasonable.

2. The circumstances favorable to the defendant, such as the fact that the defendant stated that the judgment on the grounds for appeal of this case recognized the crime of this case and against it, and that the defendant helps the mother alone.

However, the crime of this case was committed by the defendant while under the influence of alcohol level of 0.106%, and the blood alcohol level of about 80km is high, the driving distance is reasonable, and the defendant thought that he continued to drive on an expressway until the former North Korean Peninsula, and the risk leading to large accidents could not be ruled out, and the fact that the defendant had been sentenced to a five-time fine due to driving under the influence of alcohol is disadvantageous to the defendant.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.