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(영문) 울산지방법원 2017.06.23 2017노453
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the prosecutor’s appeal is as follows: (a) the lower court’s punishment (7 million won in penalty) is too unfluent and unreasonable.

2. In addition to the criminal records stated in the criminal facts, the Defendant has been punished for the violation of the Road Traffic Act or the violation of the Road Traffic Act (non-licensed driving) on several occasions. The Defendant committed the instant crime of drinking alcohol even though he/she was under suspended execution after having been sentenced to two years of suspended execution on February 17, 2016, and was under suspended execution on June 17, 2016. The Defendant committed the instant crime of drinking alcohol. The Defendant’s blood alcohol content at the time of committing the crime was 0.132% disadvantageous to the Defendant.

On the other hand, the time and distance of driving under drinking is relatively short, the danger of driving under drinking is not realized, the defendant's disposal of Otoba while he treats the Otoba, and the branch and his family members clearly want to have the Defendant's prior wife, etc. In addition, taking into account all the sentencing conditions of the defendant's family relation, age, sexual behavior, environment, circumstances after the crime, etc., the sentence of the court below is deemed reasonable and appropriate, and it cannot be deemed unfair because it is too unreasonable in light of the overall sentencing conditions of the arguments of this case, including the defendant's family relation, age, sexual behavior, environment, and circumstances after the crime.

Therefore, the prosecutor's above 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.

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