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(영문) 울산지방법원 2020.09.25 2020노577
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is improper because the punishment (a fine of 15 million won) declared by the court below is too unhued.

2. In light of the judgment, there are several criminal records against the defendant due to the same kind of crime, and the defendant is not aware of the fact that the defendant had committed the crime of this case even though he had been in the period of suspension of execution, and the fact that the distance of the defendant's driving is not shorter than the distance, etc., which are disadvantageous to the defendant.

On the other hand, however, the defendant shows the attitude of recognizing and opposing the crime of this case, and there are some other circumstances to consider the background leading up to the defendant's committing the crime of this case, and the blood alcohol concentration at the time is not high. In full view of the defendant's age, character and behavior, environment, motive for committing the crime, means and consequence, etc., the court below's punishment seems to be within the reasonable and appropriate scope, and it cannot be deemed that the above is unreasonable.

Therefore, prosecutor's 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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