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(영문) 울산지방법원 2020.09.18 2020노774
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable;

2. The fact that the defendant's mistake in his/her judgment on the grounds of appeal is contrary to the defendant's mistake and does not repeat again, that the distance from drinking driving is somewhat short, and that the risk of drinking driving is not realized, is favorable to the defendant.

On the other hand, the Defendant re-offending a majority of the records of punishment for drunk driving, in particular, the Defendant committed the instant crime during the period of repeated crime after having been sentenced to imprisonment with prison labor due to the previous crime of drunk driving, and the Defendant committed the instant crime during the period of repeated crime, and the Defendant’s blood alcohol concentration at the time of drunk driving is a considerable disadvantage to the Defendant

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's assertion is without merit and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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