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(영문) 울산지방법원 2015.10.30 2015노1003
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and violated in depth, and that the defendant disposed of the vehicle of this case and did not repeat the vehicle of this case for the first time, etc.

However, the crime of this case is that the defendant drives a non-life-free vehicle without a driver's license for two times or more, and the quality of the crime is very poor, and the current Road Traffic Act provides that a person who has violated the prohibition clause on drunk driving twice or more for the purpose of preventing the drunk driving that threatens road traffic safety and overcoming awareness of it, shall be punished more strictly. The defendant has been punished for six times or more prior to the crime of this case (five times or more of fine, one time of suspended execution). In particular, the defendant committed each crime of this case by drinking and without a driver's license for two times or more during the period of suspension of the execution due to drinking and without a driver's license. In full view of all the sentencing conditions of this case, 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 and circumstances after the crime of this case, etc., it is unreasonable to determine that the sentence of this case should be reversed to the extent that it should 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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