logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.12.09 2016노1886
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized his mistake and reflects the Defendant; (b) the distance of operation does not extend and the occurrence of any additional traffic accident in the instant crime; and (c) there are some circumstances that seem to have resulted in the instant crime in the process of carrying out the instructions from the superior; and (d) there are family members to support.

However, the instant crime was committed by the Defendant while his license was revoked for driving under the influence of alcohol, resulting in traffic hazard by driving a vehicle while under the influence of 0.129%. In light of the degree of driving, etc., the nature of the instant crime is not somewhat weak, and three times a fine was imposed due to driving under the influence of alcohol, and the instant crime was committed during the period of suspension of execution after being sentenced to two years of suspension of execution on May 7, 2015 due to driving without a license for driving under the influence of alcohol as stated in the instant case. In full view of the circumstances unfavorable to the Defendant and other factors such as the Defendant’s age, character and behavior, family environment, motive and background of the instant crime, the means and consequence of the instant crime, the circumstances before and after the instant crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. 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.

arrow