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(영문) 울산지방법원 2017.11.16 2017노1229
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

B. Although the crime of this case was committed under the mental and physical loss or mental weakness, the court below did not recognize it.

2. Determination

A. The circumstances favorable to the unfair argument of sentencing have shown an attitude against the Defendant, such as recognizing the instant crime itself and selling vehicles.

The defendant's health is not good, such as suffering from a new certificate to the extent that the defendant needs blood tin.

The mother who is 80 years old or older by the defendant is supporting the mother.

Disadvantageous circumstances: The blood alcohol concentration is relatively high.

The defendant has already been 4 times to commit the crime of drinking driving, and in particular, the crime of this case has been committed without being aware of during the period of suspension of execution due to the crime of drinking driving.

There is no sentencing criteria for crimes of violation of Road Traffic Act (drinking) and violation of Road Traffic Act (licensed driving) as stated in the present arguments and records, including the above favorable circumstances, unfavorable circumstances, the defendant's age, character and character environment, the motive and consequence of the crime, the circumstances after the crime, etc.

In full view of the above, it is not recognized that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too large.

B. Comprehensively taking account of the evidence admitted by the court below as to the assertion of mental disorder, the defendant was in a state of mental and physical loss or mental weakness.

is not recognized.

3. 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.

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