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(영문) 울산지방법원 2017.02.03 2016노1857
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment, two years of suspended execution, 80 hours of community service, and 40 hours of order to attend a course) is too unhued and unreasonable.

2. In light of the following circumstances: (a) the Defendant had been sentenced to a suspended sentence even before the instant case; (b) the Defendant committed the instant crime at a disadvantage against the Defendant; (c) the Defendant recognized the instant crime and reflects the Defendant; (d) the Defendant’s distance from driving a motor vehicle under the influence of alcohol or without a license is relatively long; and (e) there is no circumstances or change of circumstances that may be newly considered in sentencing after the lower judgment was rendered; and (e) other factors of sentencing that are shown in the process of the trial and records, including the Defendant’s age, sex, sex, environment, motive and background of the crime, means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence of the lower court cannot be deemed unfair because it is too uneasible. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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