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(영문) 울산지방법원 2018.11.02 2018노856
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the determination knife, the reality of the risk of driving alcohol, and the occurrence of traffic accidents; (b) the fact that social ties are relatively clear, such as the Defendant’s motion to take the Defendant’s wife; and (c) the fact that the Defendant’s motion to take the Defendant’s wife is recognized and seriously

On the other hand, however, the alcohol content at the time of committing the instant crime reaches 0.118%, and the Defendant was punished for the same kind of crime two times, and in particular, the Defendant committed the instant crime during the repeated crime period of the instant crime, and considering all the sentencing conditions of the Defendant’s family relation, health, economic circumstances, age, sexual behavior, environment, and circumstances after committing the instant crime, etc., the lower court’s punishment appears to be reasonable and appropriate, and is unreasonable.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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