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(영문) 울산지방법원 2019.03.21 2018노1328
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the Defendant’s judgment on the grounds of appeal of the instant case led to the confession of the instant crime and reflects his mistake, the distance of drinking driving is relatively short, and the Defendant received the notification of dismissal at the workplace where the Defendant was employed after being detained by the court below, and the Defendant’s family members and branch members want to find the Defendant’s wife.

However, since 2004, the Defendant had been sentenced to the punishment for five times as a drunk driving and five times as a non-licensed driving, etc., and on April 4, 2014, the Defendant repeated the same crime despite the fact that he was sentenced to a suspended sentence of two years for a year of imprisonment for a violation of the Road Traffic Act on April 4, 2014. The Defendant’s blood alcohol concentration level at the time of the instant drunk driving is considerably higher than 0.136%, and the imprisonment of six months, which was sentenced by the lower court, is the lowest statutory penalty for which the Defendant can choose among imprisonment.

In this context, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, circumstances after the crime, and possibility of recidivism, the lower court’s punishment is too unreasonable.

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

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