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(영문) 울산지방법원 2016.08.26 2016노1023
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant recognized and reflected the instant crime, the fact that the Defendant disposed of the instant vehicle and did not repeat the crime, and that there is a family member to support the said vehicle.

However, the current Road Traffic Act provides that a person who has violated the prohibition provision on drinking at least twice in order to prevent the driving of drinking, which threatens the safety of road traffic, and to realize the awareness thereof, shall be punished more strictly in the event that the person drives drinking again, with the intention of preventing the driving of drinking, which threatens the safety of road traffic. The court below selected imprisonment after considering the above favorable circumstances to the defendant, and sentenced the sentence equivalent to the lowest sentence to the minimum sentence applicable to the defendant. The defendant previously committed the crime of this case 10 times (nine times of punishment, nine times of suspended sentence, one time of suspended sentence) as a violation of the same kind of Road Traffic Act. In particular, the defendant had the records of five times of punishment due to drinking driving (five times of punishment). The defendant's blood alcohol concentration at the time of regulating the crime of this case is relatively higher than 0.142%, the suspension period due to the driving without a license, etc. was terminated and one year has not elapsed since then, the court below erred the defendant's criminal records, motive and circumstances, and how to commit the crime of this case.

3. As such, the defendant'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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