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(영문) 울산지방법원 2016.09.30 2016노1094
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight months of imprisonment, two years of suspended execution, one hundred and twenty hours of community service, and twenty-four hours of order to attend a course) is too unhued and unreasonable.

2. The judgment is based on the following: (a) the Defendant’s blood alcohol concentration level is considerably 0.176%; (b) the risk of driving alcohol is realized; and (c) the Defendant was sentenced to a suspended sentence of 2 years for eight months in 2003 by causing a traffic accident while driving alcohol even before the instant case; and (d) the Defendant was sentenced to a suspended sentence of 2 years in 2014 by causing a traffic accident while driving alcohol; (b) the Defendant was sentenced to a fine for an escape vehicle in 2014; (c) the Defendant recognized each of the instant crimes against the Defendant or against the victim; (d) the degree of injury suffered by the victim is relatively less severe; (e) the victim was not subject to the Defendant’s punishment; and (e) there was no new circumstance or change of circumstances that may be considered newly in the sentencing after the decision of the lower court was rendered; and (e) the Defendant’s age, sex, environment, motive and circumstance of the crime, the motive and consequence of the crime; and (e) there were no extenuating circumstances.

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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