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(영문) 울산지방법원 2019.08.29 2019노624
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The circumstances are favorable to the defendant, such as the confession of the crime of this case and the violation of his mistake, the defendant's disposal of the vehicle and the absence of the driver's vehicle again, and the mother of the defendant's mother appeals against the defendant.

However, the Defendant’s crime of this case is deemed to have driven a motor vehicle at about 1km without a driver’s license in light of the blood alcohol concentration and driving distance, etc., while under the influence of about 0.128% of alcohol level without a driver’s license. The Defendant was sentenced to six months of imprisonment with prison labor and two years of suspension of execution as declared by the Ulsan District Court on August 10, 2017 due to the crime of violation of the Road Traffic Act (driving) by drinking alcohol level and traffic accidents at the Ulsan District Court on August 10, 2017. In addition, the Defendant committed the instant crime even if he had been under suspension of execution after the said judgment became final and conclusive on August 18, 2017, and was again committed the instant crime. In addition, considering all other circumstances such as the Defendant’s age, character and behavior, environment, motive and background leading to the instant crime, its means and result, and circumstances after the instant crime, it cannot be deemed that the sentence of the lower court is too inappropriate.

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

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