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(영문) 울산지방법원 2017.11.16 2017노1290
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Circumstances favorable to the reasoning of appeal: The defendant shows the attitude of recognizing and opposing each of the crimes in this case.

It seems that the social relationship between the defendant and the defendant seems relatively clear, such as the defendant's motion to take the action against the defendant.

The defendant has a record of being punished twice due to drinking driving or non-licenseing driving in 2016, and is punished as a crime of violating the Traffic Act of 2014.

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.

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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