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(영문) 울산지방법원 2016.01.22 2015노1291
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 7,00,000) is too unhued and unreasonable.

2. The judgment of the Defendant is an unfavorable condition to the Defendant, for the following reasons: (a) the Defendant was sentenced to a suspended sentence of six months on July 17, 2014 for a violation of the Road Traffic Act; (b) the Defendant again committed the same kind of crime during the suspended sentence of six months; and (c) the Defendant had been sentenced to a four-time fine due to a drunk driving or a non-licensed driving.

However, in full view of the fact that the defendant acknowledges and reflects all of his criminal acts, the driving distance is relatively short of about 2 meters and the driving distance is moving to the parking area within the hospital where the children were faced with, and there are some circumstances to consider the driving process of the crime in this case. It seems that the defendant faithfully complied with the protection observation, such as the implementation of the community service order for 120 hours and the lecture order for 40 hours that was sentenced in the above suspended sentence, the fact that there is no history of punishment, the fact that there is no family who shall be responsible for livelihood, and the social relation is obvious, and other various sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, criminal conduct, home environment, the motive and background of the crime, the means and consequence of the crime, and the circumstances before and after the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable and unfair.

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

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