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(영문) 울산지방법원 2018.10.11 2018노647
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant who made a judgment on the grounds for appeal of this case led to the confession of the crime of this case and reflects his mistake, and that no accident occurred due to the driving of drinking by the defendant.

However, the crime of this case is deemed to have driven about 8 km while under the influence of alcohol by the defendant while under the influence of 0.129%, and the blood alcohol concentration is high, the driving distance is considerable, and the defendant has temporarily stopped the vehicle on the first lane while under the influence of alcohol, and thus, there was an additional traffic accident risk. The defendant has the history of being punished twice by driving under the influence of alcohol, and other records of having been punished twice by driving under the influence of alcohol, and it seems that the compliance awareness of traffic laws and regulations seems to have little overall, in light of all other circumstances such as the defendant's age, sex, environment, motive and background leading to the crime of this case, the means and consequence thereof, and the circumstances of sentencing after the crime, etc., the court below's decision is not unreasonable.

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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