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(영문) 울산지방법원 2016.09.08 2016노1066
교통사고처리특례법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too minor or unreasonable;

2. The Defendant is driving a vehicle while under the influence of alcohol.

It is not good that the victim was injured, the defendant has already been subject to criminal punishment several times due to drunk driving, and on October 26, 2010, the Ulsan District Court sentenced ten months of imprisonment with prison labor for the violation of the Road Traffic Act (refluence of the noise measurement) at the Ulsan District Court on June 16, 2013, and completed the execution of the punishment on June 16, 2013, and committed the crime of this case during the period of repeated crime is disadvantageous to the defendant.

However, in full view of all the circumstances that are the conditions for the sentencing of this case, including the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., the sentencing guidelines of the Supreme Court sentencing committee (one to six months of imprisonment) do not seem to be too heavy or unreasonable, since the lower court’s punishment is too heavy or unreasonable, the Defendant and the prosecutor’s above assertion are without merit, on the grounds that the Defendant and the prosecutor’s aforementioned assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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