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(영문) 울산지방법원 2017.09.15 2017노847
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, three years of suspension of execution, observation of protection, and community service order 100 hours) against the Defendant on the summary of the Defendant’s appeal grounds is too unreasonable.

2. Determination Domination, driving time and distance from drinking is relatively short, and the risk of drinking driving is realized and thus no traffic accident occurs, and the Defendant is in profoundly against the mistake while committing the crime, etc., are favorable to the Defendant.

On the other hand, the alcohol content at the time of the crime of this case reaches 0.192%, and the defendant, in addition to the previous conviction in the judgment of the court below, even though he had been sentenced to a suspended sentence of imprisonment due to the crime of violating the Road Traffic Act in around 2007, judged that there was a significant high risk of recidivism, such as committing the crime of this case, etc., and there are other unfavorable circumstances against the defendant, such as the defendant's family relation, workplace relationship, economic circumstances, age, sexual behavior, environment, and circumstances after the crime, etc., the court below's sentence seems to be reasonable and appropriate, and it cannot be deemed unfair due to excessive reason.

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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