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(영문) 울산지방법원 2018.02.21 2017노1590
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The favorable circumstances in favor of the reasons for appeal: The defendant shows his attitude to recognize and reflect the crime.

The accused is supporting a person with a physical disability who is in a Grade グ.

Unfavorable circumstances: the defendant has been punished several times for the same crime.

The sentencing criteria are not set for crimes of violation of the Road Traffic Act (drinking driving), which include the above favorable circumstances, the defendant's age, character and character environment, the motive and consequence of the crime, the circumstances after the crime, etc., and the various sentencing conditions as shown in the records.

In full view of the above, it is not recognized that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too large.

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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