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(영문) 울산지방법원 2017.08.25 2017노809
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (seven months of imprisonment) against the Defendant on the summary of the grounds of appeal by the Defendant is too unreasonable.

2. Determination is relatively short of the time and distance from the hours of driving without a license for drinking, and the risk therefrom is realized and thus no traffic accident occurs. The Defendant reflects the Defendant’s mistake while committing the crime in depth while committing the crime, and it is clear that social ties are favorable to the Defendant.

On the other hand, there is a significant disadvantage to the defendant, such as the fact that the blood alcohol content at the time of the crime in this case reaches 0.160%, the defendant has been punished several times for the same crime, and that the defendant was sentenced to two years of probation on January 2015 due to a crime of violation of the Road Traffic Act and a crime of violation of the Road Traffic Act (non-licenseed driving) on or around January 2015, and that it is judged that the risk of recidivism, such as again committing the crime in this case, is significantly high, and that there is a considerable risk of recidivism, and that the court below's punishment appears to be within a reasonable and appropriate scope, and that the court below's punishment is not unfair, considering all the sentencing conditions of this case as shown in the argument in this case, such as the defendant's age, sexual behavior, environment, and circumstances after the crime.

Therefore, the defendant's above assertion is without merit.

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

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