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(영문) 울산지방법원 2019.08.29 2019노639
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant confessions the instant crime and reflects his mistake; (b) the Defendant disposes of the vehicle and does not leave the driver stand again; and (c) the Defendant’s family members and branch members appeal against the Defendant.

However, in light of all other circumstances, such as the Defendant’s age, character and behavior, environment, motive and background leading to the instant crime, means and consequence of the instant crime, etc., the sentence imposed by the lower court is too unreasonable in light of the following: (a) driving of a motor vehicle at the 1km section of approximately 0.089% under the influence of alcohol; (b) the quality of the crime is not good in light of blood alcohol concentration and driving distance; (c) the Defendant had the records of driving a motor vehicle four times and two times without license; and (d) the Defendant’s imprisonment for six months sentenced by the lower court constitutes the lowest sentence that may be sentenced when choosing imprisonment.

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

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