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(영문) 울산지방법원 2015.09.23 2015노338
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In light of the favorable circumstances, such as the fact that the defendant recognized all the crimes of this case, the fact that the defendant scrapped a motorcycle used for the crimes of this case, etc., the drinking driving is a dangerous criminal that may cause serious damage to the body and property of others as well as the principal, and the defendant has already been punished three times due to drinking driving, and the defendant drives a motorcycle under the influence of 0.093% of blood alcohol concentration, and commits the crimes of this case without being aware of it during the suspension period of the execution of the crimes of this case.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and various factors of sentencing indicated in the record, such as circumstances after the crime, etc., the sentence of the lower court is too unreasonable. Therefore, the Defendant’s above assertion is without merit.

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

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