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(영문) 울산지방법원 2016.11.24 2016노1274
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (seven months of imprisonment) by the lower court is too unreasonable.

2. The fact that the judgment defendant recognized all of the crimes of this case and reflected, and that the defendant did not move out as a result of the same serious traffic accident is favorable to the defendant.

However, in full view of the following circumstances: (a) the Defendant’s drinking value is relatively higher than 0.194%; (b) the Defendant was subject to a fine twice due to a drunk driving; and (c) the Defendant committed the instant crime even though he was subject to the criminal punishment for the suspension of the execution of imprisonment due to the same kind of crime in 2013; and (d) the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime; and (e) other various circumstances, which are the conditions for sentencing as shown in the trial process and records, such as the Defendant’s age, character and behavior, environment, family relationship

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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