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(영문) 울산지방법원 2013.09.06 2013노530
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall circumstances of this case, the sentence imposed by the court below (one hundred years of imprisonment and two years of suspended execution, etc.) is too uneased and unreasonable.

2. The judgment of the court below revealed that when the defendant was aware of drinking and driving without a license, the defendant committed the crime of this case, such as leaving his resident registration number D while driving D, leaving the defendant's signature, using the D's signature, forging and uttering a report on the state of driving with D's name, etc., the crime of crime is not good in light of the progress of the crime. The defendant did not receive a letter from the victim E, the defendant again committed each of the crimes of this case, even though he had been punished for 10 times due to the violation of the Road Traffic Act and the violation of the Road Traffic Act. However, considering the fact that the distance of the defendant's driving at the time of the crime of drinking and driving without a license of this case is less than 30 meters, it is clear that the social relation of the defendant was committed by the defendant, and considering all kinds of sentencing conditions such as the defendant's age, character and behavior, environment, etc., the defendant's punishment imposed by the court below is unreasonable and there is no reason for the prosecutor's assertion.

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

(However, "Application of Acts and subordinate statutes" in the judgment of the court below is clear that the "compact of imprisonment" in Section 14 of Article 4 is an error and thus, it is corrected ex officio to delete it pursuant to Article 25 (1) of the Rules on Criminal Procedure.

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