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(영문) 울산지방법원 2019.01.18 2018노1198
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant was aware of all of his criminal acts and seriously reflects the Defendant; (b) the Defendant did not repeat the instant crime by disposing of the vehicle after the instant crime; and (c) the Defendant’s attempted to have the Defendant’s wife against the Defendant; and (d) the fact that social ties are relatively clear.

However, at the time of the instant crime, the blood alcohol content reaches 0.157% at the time of the instant crime, the danger of drunk driving is realized, and the occurrence of heavy traffic accidents occurred, and the Defendant was sentenced to a suspended sentence of 2 years in July 2017 due to the crime of violation of the Road Traffic Act (hereinafter referred to as "driving"), and was sentenced to a suspended sentence of 2 years in July 2017, and committed a second offense during the suspended sentence, etc., which are disadvantageous to the Defendant. In full view of all the sentencing conditions as shown in the instant pleadings, including the Defendant's health status, family relation, economic situation, age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, and changes in circumstances after the pronouncement of the lower judgment, the lower court's punishment seems to be unreasonable and unreasonable.

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 it is without merit. It is so decided as per Disposition.

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