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(영문) 울산지방법원 2019.01.24 2018노984
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, due to the summary of the grounds for appeal.

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant’s confession of the instant crime and reflects his mistake; (b) the Defendant’s drunk driving distance is relatively short; (c) there was no loss of human life or physical damage due to drunk driving; and (d) the person complaining of the wife.

However, the crime of this case seems to have been committed by the defendant while under the influence of alcohol level 0.135% without a driver's license, and it seems that the blood alcohol level level is very high, 4 times due to a drunk driving, and 5 times due to a non-license driving, etc. overall awareness of compliance with traffic regulations, such as the fact that the defendant's imprisonment for 6 months sentenced by the court below corresponds to the maximum statutory penalty which can be selected among imprisonment, and other circumstances that are the conditions of sentencing, such as the defendant's age, character, environment, motive and circumstance leading to the crime of this case, its means and consequence, the circumstances after the crime, etc., are considered to be too unreasonable.

3. In conclusion, the defendant'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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