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(영문) 울산지방법원 2020.10.16 2020노771
도로교통법위반(사고후미조치)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In light of the judgment, the fact that the defendant recognized the crime of this case and did not repeat the crime while reflecting the fact that the victims sought a preference against the defendant, etc. are favorable to the defendant.

On the other hand, however, the defendant did not know not only criminal punishment twice due to drinking driving, but also did not go to the probation period due to the same kind of crime, but also went to the crime of this case. It seems that there is no opening, and there is a high possibility of criticism. At the time, the defendant's blood alcohol concentration and the danger of drinking driving is realized by causing two traffic accidents, etc., which are disadvantageous to the defendant. In addition, in full view of all the sentencing conditions in the argument of this case, such as the defendant's age, character, character and behavior and environment, the punishment of the court below is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, Article 37 (former part, Article 38 (1) 2, Article 38 (2), and Article 50 of the Criminal Act shall be deemed to be a clerical error in Article 37 (former part), Article 38 (1) 2, Article 38 (2) and Article 50 of the Criminal Act, and Article 25 (1) of the Regulations on Criminal Procedure shall be corrected ex officio in accordance with Article 25 (1) of the Criminal Procedure Act).

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