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(영문) 울산지방법원 2015.12.04 2015노1051
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (eight months of imprisonment, two years of suspended sentence, two years of probation, one hundred and twenty hours of community service order, 40 hours of order to attend a course) is too unfford.

2. The judgment is a serious crime that may endanger the life and body of himself/herself and others. The revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for it. In particular, when a person who has been punished for driving under drinking more than twice again drives a motor vehicle under the influence of alcohol, etc., a provision was newly established to impose imprisonment of more than one year but not more than three years or a fine of more than 10 million won but not more than 5 million won when he/she drives a motor vehicle under the influence of alcohol again, and the defendant has already been punished five times due to the driving under the influence of alcohol again, and the risk has been realized due to the crime of this case, and one driver has been injured by the defendant, and the defendant has driven again while the license of this case was revoked, and the blood alcohol concentration at the time of driving under the influence of alcohol is considerably high to 0.152%, it is necessary to punish the defendant with considerable lack of compliance consciousness and to strictly punish the risk of recidivism.

However, considering favorable circumstances, such as the fact that the defendant recognized all of the crimes in this case, the fact that the vehicle of the defendant is covered by a comprehensive insurance, and the fact that the defendant supports the mother suffering from dementia, and other factors of sentencing indicated in the record, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the prosecutor's assertion is without merit, since the defendant's sentence imposed by the court below is too unreasonable.

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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