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(영문) 울산지방법원 2015.09.25 2015노876
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In light of the favorable circumstances such as the fact that the defendant recognized the crime of this case and reflects on the fact that the drunk driving is dangerous not only to the principal but also to the other person's body and property, and the defendant again commits the crime of this case even though he had been already punished twice for the same kind of crime, and the defendant committed the crime of this case immediately after the suspension of execution period of one year after being sentenced to imprisonment for 6 months due to the violation of the Road Traffic Act (Refusal of Drinking Measures).

In addition, in full view of the fact that the defendant supports the family alone, the fact that the health of the defendant is not good due to stimulative disorder, etc., and various sentencing factors indicated in the record, such as the age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the sentence of the court below is too unreasonable. Thus, the defendant's above 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 it is without merit. It is so decided as per Disposition.

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