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(영문) 울산지방법원 2020.10.16 2020노830
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. The circumstances are favorable to the Defendant, such as the following: (a) the Defendant recognized the instant crime and instead did not repeat the crime by treating the vehicle; (b) the Defendant’s blood alcohol concentration at the time is relatively high; and (c) the risk of driving under the influence of alcohol is not realized.

On the other hand, however, there are several penalties for the defendant, and the defendant did not know about the fact that he had been under the suspension of execution due to the same crime, and even though he was under the suspension of execution, he did not go to the crime of this case. The fact that there was no opening, and that there was a high possibility of criticism is unfavorable to the defendant. In full view of all the sentencing conditions of the argument of this case, including the defendant's age, character and behavior, environment, motive, circumstance, means and consequence of the crime, etc., the sentence of the court below seems to be within a reasonable and appropriate scope, and it cannot be deemed that

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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