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(영문) 울산지방법원 2019.01.11 2018노1003
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Determination is based on the following facts: (a) the Defendant was under the short distance from the time of driving a drinking or unlicensed license; (b) the Defendant reflects in depth the mistake while committing the crime; and (c) the Defendant’s family members and scarcitys against the Defendant; and (d) the fact that social ties are relatively clear, such as the Defendant’s wife against the Defendant.

However, considering the fact that the Defendant’s blood alcohol content at the time of the instant crime is considerably high at 0.230%, and that the Defendant had been punished for the same kind of crime including once the suspension of the execution of imprisonment with prison labor, etc., the Defendant’s economic situation, age, character and behavior, environment, and circumstances after the instant crime, etc. comprehensively taking into account all the sentencing conditions of the Defendant’s argument, given that the Defendant’s economic situation is difficult and there is a family member to support, the lower court’s sentence appears to be within a reasonable and appropriate scope and cannot be deemed to be excessively unreasonable.

Therefore, the defendant's assertion is without merit.

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

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