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울산지방법원 2020.01.17 2019노1186
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor's summary of the grounds for appeal is too unfasible to the defendant's punishment (five million won of fine).

2. Even though the judgment defendant had a record of being punished as a same crime, the fact that the defendant was going to commit the crime of this case is disadvantageous to the defendant.

However, considering the following factors: (a) the Defendant appears to have committed the instant crime in a serious reflective attitude; (b) there is no other punishment force except for those punished once for the same crime; (c) blood alcohol level at the time of the instant case was relatively high; and (d) the Defendant’s family members and branch members appear to have obvious social ties, such as the Defendant’s wife, and the Defendant’s family members and branch members appear to have obvious social ties; and (b) comprehensively taking into account the Defendant’s age, character, conduct and environment, etc., the lower court’s punishment cannot be deemed to be excessively unreasonable.

Therefore, prosecutor's assertion is without merit.

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