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(영문) 울산지방법원 2014.10.21 2014노621
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. In light of the fact that the defendant had the same criminal records and committed the crime of this case again during the period of the same suspension of execution, it is deemed that there is no room for the defendant to be placed in the first place. However, the criminal records before the suspension of execution were caused by a simple unauthorized driving, and the case seems to have been destroyed by the danger of drunk driving, and the defendant is likely to have suffered a delay in supporting the vehicle, and the defendant actually operates the business body under the name of the denial. When the defendant is detained in the case of this case, there is an excessive difficulty in supporting the family and operating the business, and the defendant is divided in depth, and the defendant's family members are trying to make efforts to prevent recidivism, and all other sentencing conditions such as the defendant's age, character and conduct, family relationship, environment, etc., are too unjustifiable to the punishment of the court below.

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

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