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(영문) 울산지방법원 2019.02.21 2018노1273
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. As to the grounds of appeal, the following facts are favorable to the Defendant: (a) the Defendant led to the instant crime and reflects his mistake; (b) the Defendant’s drinking driving distance is relatively short; and (c) the Defendant did not cause harm to human life or physical damage even while driving under the influence of alcohol.

However, the crime of this case seems to have been committed by the defendant while driving a vehicle under the influence of alcohol of 0.097% without a driver's license, and the blood alcohol concentration level is high, 6 times for a drunk driving, 3 times for without a driver's license, and 1 time for a driver's license, and 6 times for a drunk driving, etc., and 6 months for imprisonment with prison labor sentenced by the court below is the most severe statutory penalty among imprisonment with prison labor, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, the means and consequence thereof, etc., are considered, and thus, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant'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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