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(영문) 울산지방법원 2019.05.16 2019노249
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment is recognized that the defendant committed the crime of this case, and it seems that his mistake is recognized that his family members such as his spouse, etc. are able to lead the defendant and appeal his wife. The defendant married around eight months before her spouse, and started the operation of rice sweet with his spouse, and the defendant was actually suspended due to the detention of the defendant.

However, even though the defendant had been punished for the same kind of crime, including the past 8-month imprisonment with prison labor due to drunk driving and non-licensed driving, the fact that the defendant left for the non-licensed driving of this case, the blood alcohol concentration at the time of the driving of this case is high to 0.123%, despite the cancellation of the driver's license in 2016, it is recognized that the compliance consciousness related to road traffic is very rare and highly likely to be criticized in light of the defendant's criminal history or the process of a series of crimes, such as purchasing vehicles, even though the driver's license was revoked in 2016.

In addition, considering all the sentencing conditions shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable because it goes beyond the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

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

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