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(영문) 울산지방법원 2015.10.08 2015노599
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant recognized all of the instant crimes; (b) the Defendant disposed of the instant vehicle and did not repeat the instant vehicle; and (c) the Defendant’s health status appears to be inappropriate.

However, considering the above favorable circumstances, the court below seems to have already determined a sentence by discretionary mitigation. The crime of this case is that the defendant drives a non-insurance vehicle under the influence of alcohol. The defendant's blood alcohol concentration at the time is not significant, and the crime of this case does not cause physical damage. The current Road Traffic Act provides that the person who has violated the prohibition clause on drunk driving twice or more for the purpose of preventing a traffic accident from undermining the safety of road traffic and overcoming awareness of it, shall be punished more strictly. The defendant has been punished six times even before the crime of this case. In particular, the defendant committed the crime of this case during the period of probation due to the violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.), and the defendant's age, family relation, criminal record, character and environment, method and method of the crime, motive and circumstance of the crime of this case, etc., which are disadvantageous to the defendant, and the judgment of the court below should not be reversed by taking into account all the circumstances of the crime of this case, etc.

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

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