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(영문) 울산지방법원 2016.09.02 2016노854
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case is that the defendant driving a vehicle while under the influence of alcohol content of 0.075% and causes a traffic hazard, and the crime of this case is not under the nature of the crime, and the defendant again commits the crime of this case even though he had been punished twice for the same crime, etc., which is disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized and reflects, the degree of drinking at the time of the crime in this case is not serious, the distance of driving is not clear, and the substitute driving was used up to the port of destination. However, in the nearest, it appears that the fluence was caused to the crime in this case by returning the substitute engineer and driving her her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own with a view to the occurrence of any additional traffic accident caused by the crime in this case, and other various sentencing conditions as shown in the argument in this case, such as the defendant's age, character and behavior

3. In conclusion, the prosecutor'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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