beta
(영문) 울산지방법원 2014.08.29 2014노347

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. In light of the following: (a) although the Defendant has been punished for the crime of violating the Road Traffic Act two times, the Defendant had been punished for the crime of violating the Road Traffic Act, and all of the records were 5 years prior to the instant case; (b) the Defendant was divided in depth into the instant crime; and (c) the Defendant’s family members and branch members want not to drive under the influence of alcohol again while disposing of the vehicle; and (d) the Defendant’s family members and branch members wished not to drive under the influence of alcohol; and (c) other sentencing conditions, such as the background of the instant crime, the Defendant’s age, character and conduct, family relationship, and environment, even if the Defendant committed the instant crime during the period of repeated offense, it is not recognized that the lower court’s punishment

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.