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(영문) 울산지방법원 2019.07.12 2019노316
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment with prison labor for six months and one year of suspended execution, 80 hours in community service, and 40 hours in the compliance driving lecture) is too unreasonable; and

2. Determination Domination, the danger of drinking driving is realized, and the occurrence of traffic accidents is not occurred, and the fact that the defendant's mistake is against the defendant when committing the crime is committed is favorable to the defendant.

However, the Defendant’s blood alcohol content exceeds 0.143% at the time of committing the instant crime; the Defendant, despite having had been punished twice due to drunk driving, has a disadvantageous condition to the Defendant, such as family relation, economic circumstances, age, character and behavior, environment, motive, means and consequence of the instant crime; circumstances after committing the instant crime; and whether there was a change in circumstances after the sentence of the lower judgment, etc., comprehensively taking account of all the sentencing conditions indicated in the instant pleadings, such as the Defendant’s family relation, economic circumstances, age, character and behavior, environment, motive, means and consequence of the instant crime, the lower court’s punishment cannot be deemed to be deemed to be reasonable and reasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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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