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(영문) 울산지방법원 2016.10.06 2016노724
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 6,00,000) is too unhued and unreasonable.

2. The judgment is an unfavorable circumstance to the Defendant that the Defendant committed the instant crime during the suspended execution period, who was sentenced to a suspended sentence of one year and six months for the following reasons: (a) the Defendant had a record of criminal punishment several times for the same crime; and (b) the Defendant committed the instant crime during the suspended execution period.

However, in full view of all the circumstances that are shown in the process of trial and records, including the fact that the defendant recognized all of the crimes of this case and reflects on the fact that multiple behaviors did not proceed to the result of serious traffic accidents, etc. due to the crime of this case, and the defendant's age, drinking volume, motive and circumstance leading to the crime of this case, circumstances before and after the crime of this case, etc., the court below's punishment is too uneasible and unreasonable, so the prosecutor's above assertion is without merit.

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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