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(영문) 울산지방법원 2019.10.25 2019노945
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant are that the Defendant recognized the crime and reflects the wrongness, and that the blood alcohol level at the time of the instant case was relatively high.

However, even though the defendant had been punished several times for the same crime, there are circumstances unfavorable to the defendant, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., which are shown in the arguments of this case, such as the defendant's age, character and behavior, and the fact that the risk of recidivism is high in light of the above criminal records. In addition, the court below's punishment cannot be deemed to be excessively unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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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