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(영문) 울산지방법원 2015.06.05 2015노248
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. In full view of the facts that the defendant recognized all of the crimes of this case and reflected it, the crime of this case is not deemed to be inferior in view of favorable circumstances, or the fact that the drinking driving may cause serious damage to the body and property of others as well as the principal, the defendant has been punished eight times for the same crime, and the defendant committed the crime of this case during the suspended execution period of 8 months, even though he was sentenced to a suspended execution of 2 years for the same crime.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and various factors of sentencing indicated in the record, such as circumstances after the crime, etc., the sentence of the lower court is too unreasonable. Therefore, the Defendant’s above 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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