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(영문) 울산지방법원 2015.05.22 2015노207
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In light of the favorable circumstances such as the fact that the defendant recognized all the crimes of this case, the fact that the defendant disposes of the operated vehicle, and the fact that he disposed of the vehicle, etc., the drinking driving is a dangerous criminal that may cause considerable damage to the body and property of others as well as the principal, and the defendant was revoked the driver's license in around 1998, and since 2004, it appears that he continued to drive without a license for more than 10 years, and the defendant seems to have been punished for the same crime, and the defendant has already been punished four times for the same crime, and he again commits the crime of this case even though he had been sentenced to a suspended sentence for more than 8 months for 6 months due to the same kind of crime, which was sentenced to a suspended sentence for more than 2 months.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and various factors of sentencing indicated in the record, such as circumstances after the crime, etc., the sentence of the lower court is too unreasonable. Therefore, the Defendant’s above 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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