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(영문) 울산지방법원 2018.09.21 2018노790
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Determination is relatively short of the distance and time from driving under the influence of alcohol, and the risk of traffic accident has not occurred because it is realistic, the Defendant reflects the Defendant’s fault while committing the crime in depth while committing the crime, and the Defendant’s family members and branch members want to take the Defendant’s wife, etc., which are relatively obvious in social ties relationship in favor of the Defendant.

However, the defendant's blood alcohol content at the time of the crime of this case exceeds 0.165%, and the defendant has already been convicted of five same kind of crimes including one suspended sentence of imprisonment, etc. In addition, comprehensively taking account of the defendant's family relation, economic circumstances, age, sexual conduct, environment, motive, means and consequence of the crime, etc., the sentence of the court below is deemed to be within a reasonable and appropriate scope, and it cannot 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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