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(영문) 울산지방법원 2018.12.20 2018노934
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the penalty amounting to 3.5 million won) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant stated that the judgment on the grounds for appeal of this case recognized the crime of this case and against it, and that the insurance management for physical damage of traffic accidents seems to have been processed.

However, the crime of this case is a situation unfavorable to the defendant, such as that the defendant driven 1 km while under the influence of alcohol level 0.188% in blood, and its numerical value is significant, that the defendant driven and caused a contact accident with a motor vehicle parked on the road A while driving the motor vehicle, and that there was a power of punishment due to the driving of light alcohol in 2003.

In addition, taking into account the following circumstances: Defendant’s age, sex, environment, family relationship, motive, means, consequence, etc. of the crime, all the sentencing conditions and the records of the instant case, including the circumstances after the crime, and the fact that there are no special circumstances or changes in circumstances to the sentencing of the lower court, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. 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.

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