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(영문) 울산지방법원 2018.12.21 2018노1103
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. The sentencing factors that can be considered for the defendant are the fact that the defendant recognized the crime of this case and showed an attitude to reflect the crime of this case.

However, the current Road Traffic Act provides that a person who has violated the prohibition clause of drinking once or more for the purpose of preventing the driving of drinking which threatens the safety of traffic on the road and ensuring the awareness of such a violation shall be punished more strictly in the event that the person drives the drinking again at least twice, even before the instant case, has been punished four times due to the driving of drinking (three times as a penalty, three times as a suspended sentence), and without being aware of the past records (one time as a suspended sentence), the Defendant left the instant crime; the alcohol concentration in the blood while driving the drinking was higher than 0.134%; the Defendant’s age, sexual behavior, home environment, motive and background of the crime, the means and consequence of the crime, and the circumstances before and after the crime, etc., it is not recognized that the punishment imposed by the court below is unfair because it is too excessive.

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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