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(영문) 울산지방법원 2016.09.30 2016노1271
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. On the other hand, the fact that the defendant recognized the crime of this case and reflected is favorable to the defendant.

However, the current Road Traffic Act provides that a person who has violated the prohibition provision on drinking twice or more as in this case, with the aim of preventing the driving of drinking, which threatens the safety of road traffic, and ensuring the awareness thereof, shall be sentenced to more severe punishment if he drives again, as in this case. The court below, after choosing imprisonment, sentenced the defendant to a punishment equivalent to the lowest sentence of the applicable punishment by taking into account the above favorable circumstances for the defendant. The defendant previously committed a crime of violating the same kind of Road Traffic Act, 5 times (4 times of punishment, 1 time of suspended sentence), and in particular, 5 times of punishment due to the violation of the same Road Traffic Act (one time of punishment, one time of suspended sentence, one time of suspended sentence), such as the fact that the degree of alcohol alcohol content of the defendant's blood alcohol content at the time of regulating is relatively high than 0.101%, and other circumstances unfavorable to the defendant, such as the defendant's family relation, family relation, relationship, sex, environment, method and circumstances of the crime, and all of the motive and circumstances of the crime in 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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