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(영문) 울산지방법원 2016.09.30 2016노1268
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the defendant are that the defendant recognized the defendant's wrong and reflects his fault, and that the defendant's family members want to find the defendant's wife against the defendant.

However, the crime of this case is committed by the Defendant, while under the influence of alcohol 0.128%, causing danger to traffic by driving a vehicle at 2 km in alcohol. In light of the degree of driving and driving distance, etc., the crime of this case eventually causes physical damage equivalent to approximately KRW 800,000 by causing a traffic accident, which led to the crime of this case, one time suspension of execution of the same crime, one time punishment for fines, and so on. However, the crime of this case again committed the crime of this case. The current Road Traffic Act stipulates that the person who has violated the prohibition clause of drinking twice or more in alcohol should be punished more strictly when driving again, as in this case, for the purpose of preventing the traffic safety of the road, and ensuring the awareness of this, the punishment of the Defendant is not acknowledged by taking into account the circumstances unfavorable to the Defendant, such as the Defendant’s age, sex, home environment, motive and circumstance of the crime, the means and consequence of the crime of this case, as well as the circumstances before and after the crime of this case.

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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