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(영문) 울산지방법원 2018.08.10 2018노622
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendant appears to recognize and reflect the instant crime, and that there was no additional damage such as a traffic accident, etc. due to the instant crime, etc. is favorable to the Defendant.

However, the current Road Traffic Act provides that a person who has violated the prohibition clause on drinking at least twice the same time for the purpose of preventing the driving of drinking which threatens the safety of road traffic and overcoming awareness thereof shall be punished more strictly if he/she drives drinking again, and the defendant has a history of punishment six times due to drinking prior to the crime of this case (five times a punishment, five times a suspended sentence). The blood alcohol concentration is higher than 0.121%, and the defendant committed the crime of this case without weight despite the fact that he/she committed the crime of this case during the period of repeated offense due to the violation of the Act on the Promotion of Game Industry as stated in the judgment of the court below. In full view of all the sentencing conditions in the argument of this case such as the defendant's age, family relation, criminal record, relation, sex, environment, means and method of the crime, motive and circumstance of the crime, etc., it cannot be deemed that the punishment of the court below is excessively unfair.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant'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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