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(영문) 울산지방법원 2016.10.27 2016노1005
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s penalty of KRW 4,00,000 (a fine of KRW 4,000) is too unhued and unreasonable.

2. The judgment of the court below is an unfavorable circumstance to the defendant that the defendant was sentenced to a suspended sentence of two years for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by deadly weapons, etc.) on January 15, 2016, and committed the instant crime during the suspended sentence period, and that the defendant was punished by a fine for driving under the influence of alcohol in 2013 and 2015.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant offenses; (b) the Defendant did not appear as a result of heavy traffic accidents; (c) the drinking level was relatively higher; and (d) the Defendant’s age; (b) the motive and circumstances leading to the instant offense; and (c) the circumstances before and after the instant offense; and (d) the sentencing conditions specified in the trial process, such as the records and circumstances before and after the instant offense, the lower court’s punishment is too unreasonable and unreasonable. Therefore, the Prosecutor’s 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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