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(영문) 울산지방법원 2016.10.06 2016노1028
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, 80 hours of community service, 40 hours of law-abiding driving course) is too uneased and unreasonable;

2. The judgment of the defendant has a history of criminal punishment for multiple times due to driving without a license, and in particular, the repetition of drinking driving three times after 2014, including the instant crime, is disadvantageous to the defendant.

However, in full view of all the circumstances that are the conditions for the sentencing of this case, including the Defendant’s age, drinking volume, motive and circumstance leading to the instant crime, circumstance before and after the instant crime, etc., the lower court’s punishment is too unjustifiable and unreasonable, and thus, the Prosecutor’s aforementioned assertion is without merit, given that it is difficult for the lower court to deem that the Defendant’s punishment is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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