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(영문) 울산지방법원 2016.11.10 2016노1194
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s penalty of KRW 4,00,000 (a fine of KRW 4,000) is too unhued and unreasonable.

2. The judgment of the driving under the influence of alcohol leads to a large-scale accident, and the fact that the defendant has already been punished for driving under the influence of alcohol twice is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant offenses; (b) the Defendant’s drinking alcohol level is relatively low to 0.54%; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant offense; and (d) circumstances that are conditions for the instant sentencing as shown in the trial process, such as the circumstances before and after the instant offense, etc., the lower court’s punishment is too uneasible and unreasonable, and thus, the Prosecutor’s aforementioned assertion is without merit.

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

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