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(영문) 울산지방법원 2015.07.10 2015노528
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant both recognized and reflected the instant crime; (b) the Defendant supported his family as class 6 with disability; and (c) the fact that the instant case was not serious in light of the blood alcohol concentration and driving distance at the time of the instant crime.

However, considering the above favorable circumstances, the court below seems to have already determined a sentence by discretionary mitigation. The current Road Traffic Act provides that a person who has violated the prohibition clause on drunk driving at least twice in order to prevent a drunk driving that threatens the safety of road traffic and to realize awareness of it, shall be sentenced to more severe punishment in the event of a drunk driving again. The defendant has the record of punishment three times as a drunk driving (two times a fine and one time a suspended sentence) even before the crime of this case is committed. In particular, the defendant was punished for a traffic accident due to the occurrence of a traffic accident and the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents, and the crime of violation of the Road Traffic Act only seven months after the suspended sentence was committed. Thus, the court below's decision that the defendant who repeats the crime of this case is more unfavorable than the defendant's age, family relation, criminal record, character and behavior, environment, method and method of the crime, motive and circumstance of the crime of this case, etc., shall not be reversed and sentenced to the punishment of this case.

3. 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.

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