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(영문) 울산지방법원 2013.12.13 2013노745
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. In light of the gist of the grounds for appeal (public prosecutor) in the instant case, the lower court’s punishment (five million won of a fine) is too uneased and unreasonable.

2. Determination

A. The Defendant’s blood alcohol concentration level at 0.168% higher than that of the Defendant’s blood alcohol level determination on the Prosecutor’s appeal is driving under the influence of alcohol.

The fact that the Korea Electric Power Corporation did not compensate for damages equivalent to the amount of 47,58,655 won due to the shock of the voltage is disadvantageous to the defendant.

However, in light of the fact that the Defendant did not have any criminal record other than the juvenile protective disposition issued on August 29, 2007, and did not pay damages, and that he/she violated his/her wrongness while paying damages, and all other circumstances, such as the Defendant’s age, character and conduct, environment, circumstances of the crime and circumstances after the crime, etc., are considered, it is unfair that the lower court’s sentence against the Defendant is too unreasonable.

subsection (b) of this section.

B. On September 25, 2013, the Defendant did not submit the statement of grounds for appeal even if he/she received the notification of the receipt of the trial record from this court on September 25, 2013, and the petition of appeal does not state the grounds for appeal and does not contain any other reasons for ex officio investigation even if examining the record.

3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the ground that the prosecutor's appeal is without merit. The defendant's appeal of this case shall be dismissed by decision pursuant to Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal of this case is decided as above, the defendant's appeal also is dismissed by decision

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