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(영문) 울산지방법원 2018.07.20 2018노501
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. That the Defendant appears to have an attitude against his/her wrongness, and that he/she is treated as a treatment for the respect of alcohol.

In light of the following factors: (a) the sentencing factors that can be considered for the Defendant; (b) the Defendant’s judgment became final and conclusive as three of the crimes committed several times of probation; (c) the Defendant left the instant crime without being weighted; (d) the period of punishment for drinking driving was two times; and (e) the Defendant’s age, sex, family environment; (d) the motive and background of the crime; (e) the means and consequence of the crime; and (e) various sentencing conditions as shown in the pleadings of the instant case, such as the circumstances before and after the crime, etc., the sentence imposed by the lower

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

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