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(영문) 울산지방법원 2020.03.31 2020노21
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The Prosecutor’s summary of the grounds for appeal (a fine of seven million won) declared by the lower court is too unhued and unreasonable.

2. Although the Defendant had a record of being sentenced to a fine due to a drunk driving, the fact that the Defendant again committed the crime of drinking alcohol driving is disadvantageous to the Defendant.

On the other hand, the fact that the defendant does not repeat the crime while putting his mistake against himself, the distance of the defendant's drunk driving is relatively long, and the risk of traffic accident is not realized due to the crime of this case, and the fact that the defendant has no criminal power exceeding the fine is favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, etc., the lower court’s punishment cannot be deemed as being too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor'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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