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(영문) 울산지방법원 2015.08.28 2015노510
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 years of suspended sentence for six months of imprisonment, two years of suspended sentence, and probation) is too unhued and unreasonable;

2. In full view of the facts that the Defendant committed the instant crime even though he had been punished three times for the same kind of crime, and the Defendant committed the instant crime during the suspension period of the execution of the same kind of crime, the quality of such crime is not good.

However, in light of the favorable circumstances, such as the fact that the Defendant recognized the instant crime, and the fact that the Defendant seems to have been using the instant 4-wheeled bar because it was difficult to move at the first degree due to the delayed disability of the lower half-yearly, etc., other factors of sentencing indicated in the record, such as the Defendant’s age, character, environment, motive and circumstance of the crime, means and consequence of the crime, the means and consequence of the crime, etc., the lower court’s sentence is too unreasonable, and thus, the Prosecutor’s above assertion is without merit.

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

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