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(영문) 울산지방법원 2015.09.25 2015노930
도로교통법위반(음주운전)
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 circumstances are favorable to the Defendant, such as the fact that the Defendant both recognized and reflected the instant crime, and that the issue was not serious in light of the Defendant’s blood alcohol concentration at the time of the instant crime, and that the Defendant did not repeat the instant vehicle by disposing of it, etc.

However, considering the above favorable circumstances, the court below seems to have already determined a sentence by discretionary mitigation. The current Road Traffic Act provides that a person who has violated the prohibition clause on drunk driving at least twice in order to prevent the drunk driving threatening to the safety of road traffic and to oversee the awareness of it, shall be sentenced to more severe punishment in the event that a person drives under the prohibition clause on drunk driving is again under the influence of alcohol driving at least twice prior to the crime of this case. In particular, the defendant committed the crime of this case at least five times (4 times a fine and one time a suspended sentence) prior to the crime of this case, such as the fact that the defendant committed the crime of this case at least one year, which is disadvantageous to the defendant, such as the defendant's age, family relation, criminal record, relation, character and behavior, environment, means and method of the crime, motive and circumstance of the crime, etc., it is not deemed unreasonable to deem that the sentence imposed by the court below has to be reversed.

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

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