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(영문) 울산지방법원 2019.06.20 2019노390
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is reasonable to consider the Defendant favorable to the Defendant, such as the fact that the Defendant acknowledges the instant crime and misleads the Defendant, that the driving distance, driving of stoba, does not go beyond 200 meters, and that he does not repeat the instant crime, and that he disposes of the vehicle owned by the Defendant along with the stoba in the instant judgment.

However, even though the defendant had a majority of punishment capabilities including punishment due to drinking driving, unlicensed driving, traffic accidents, etc., he/she committed the crime of drinking or unlicensed driving in this case at the same time during the period of repeated crime for the same kind of crime, and on March 25, 2016, he/she was sentenced to six months of imprisonment by the Ulsan District Court for the violation of the Road Traffic Act at the Ulsan District Court.

7. 15. After the completion of the enforcement of the sentence, the Defendant’s age, character and behavior, family environment, circumstances surrounding the crime, and circumstances after the crime, etc., which led to the crime of this case, even though having been sentenced to a fine during the repeated crime period, were committed in addition to the fact that the Defendant committed the crime of this case. In full view of all the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and behavior, family environment, circumstances after the crime, etc., the lower court’s sentencing is too unreasonable

The defendant's assertion that the sentencing of the court below is unreasonable is not accepted.

3. As such, the defendant'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.

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