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(영문) 울산지방법원 2016.10.27 2016노1269
도로교통법위반(음주운전)
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. Although the defendant acknowledges all of the crimes of this case and reflects on it, the drinking driving of this case is a dangerous criminal who might lead to a large-scale accident, the defendant was sentenced to a four-time fine due to a drunk driving, and the defendant was under the influence of criminal punishment for a suspended sentence of imprisonment due to a violation of the Road Traffic Act in 2014. Nevertheless, the defendant committed the crime of this case at least four months after the expiration of the suspended sentence period, taking full account of the fact that the defendant committed the crime of this case, and other various circumstances, including the defendant's age, drinking and alcohol level, the motive and background of the crime of this case, and the circumstances after the crime, etc., and the sentencing conditions as shown in the trial process, it cannot be deemed unfair since the court below's punishment is too unreasonable. Thus, 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 the defendant's appeal is without merit. It is so decided as per Disposition.

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