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(영문) 울산지방법원 2020.02.18 2019노515

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and reflected the mistake; (b) the distance driven at the time of the instant crime was relatively short; and (c) the Defendant appears to have disposed of the vehicle operated at the time of the instant crime.

On the other hand, however, there is not only the record that the defendant was punished several times for the same crime, but also during the probation period for the same crime, the blood alcohol level at the time of the crime of this case is higher than 0.143%, and the risk of recidivism is high in light of the criminal records, etc., which are disadvantageous to the defendant. In full view of the defendant's age, character and behavior, environment, circumstances after the crime, etc., all the sentencing conditions in the argument of this case including the defendant's age, character and behavior, circumstances after the crime, etc., the court below's punishment cannot be deemed to be excessively 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 since the defendant's appeal is without merit. It is so decided as per Disposition.