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(영문) 울산지방법원 2015.12.24 2015노1222
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances are favorable to the Defendant, such as the fact that the Defendant recognized the instant crime and reflects the depth of the instant crime, that the distance from driving in drinking conditions was not clear, that the Defendant scrapped the instant vehicle and did not repeat the instant vehicle, and that there is a family member to support the instant vehicle.

However, the crime of this case is that the defendant drives a vehicle without a driver's license while under the influence of alcohol, and the nature of the crime is very poor, and the current Road Traffic Act provides that a person who has violated the prohibition clause of drinking driving at least twice in order to prevent a drunk driving that threatens road traffic safety and to realize awareness about it, shall be punished more strictly. The defendant has five times of punishment (three times of a fine and two times of a suspended sentence) even before the crime of this case. In particular, the defendant committed the crime of this case by drinking and non-driving again during the period of suspended sentence due to drinking and non-driving, and other unfavorable circumstances against the defendant, such as the defendant's age, family relation, criminal record, character and behavior, environment, means and method of the crime, motive and circumstance of the crime, etc., it is not determined that the sentence imposed by the court below is too unreasonable to the extent that the punishment of this case 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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