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(영문) 울산지방법원 2013.08.23 2013노458
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below on the defendant (three million won of fine) is too uneased and unreasonable.

2. In light of the fact that the Defendant was punished several times due to the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed Driving), etc., and that the Defendant was sentenced to a suspended sentence for six months on June 27, 2012 and committed each of the instant crimes again during the suspended period. However, the Defendant’s blood alcohol concentration at the time of the instant crime is relatively high at the time of the instant crime. The Defendant, an insurance solicitor, was driving to pass the instant vehicle to pass the vehicle, which is a customer owned by the customer upon the request of the customer by the Defendant who was parked at the time of the instant crime, and the driving was relatively short, the driving distance was relatively short, the Defendant did not repeat and repeat the Defendant, taking into account the Defendant’s age, character and conduct, environment, and circumstances after the instant crime, etc., the Prosecutor’s assertion that the lower court sentenced the Defendant to the punishment is unreasonable and unreasonable.

3. In conclusion, the prosecutor'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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