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(영문) 울산지방법원 2019.01.18 2018노1191
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In light of the judgment, the following are relatively clear: (a) the Defendant’s perception of all his criminal acts and seriously reflects the Defendant; (b) the blood alcohol concentration is relatively high; (c) the risk of drinking driving is realized; and (d) the occurrence of traffic accidents is not occurred; and (c) the Defendant’s wife wanting to take the Defendant’s wife against the Defendant; and (d) the fact that social ties is relatively clear.

On the other hand, however, there are circumstances unfavorable to the defendant, such as the fact that the defendant has already been subject to four times of suspended sentence of imprisonment, including one time of suspended sentence of imprisonment, and in full view of all the conditions of sentencing as shown in the arguments in this case, such as the family relation, economic circumstances, age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, and whether there is change in circumstances after the sentence of the lower court, the sentence of the lower court seems to be within a reasonable

Therefore, the defendant's assertion is without merit.

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

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