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(영문) 울산지방법원 2016.10.06 2016노802
도로교통법위반(음주운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (7 million won of a fine) imposed by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment of the defendant committed the instant crime again despite the past records of punishment twice due to the same kind of crime, and the fact that the blood alcohol concentration is relatively high is disadvantageous to the defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognizes his mistake and reflects his mistake, that the distance of vehicle operation is not long, and that there is no criminal record of suspended execution or more.

In addition to these circumstances, comprehensively taking account of various sentencing conditions shown in the records and arguments, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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