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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 울산지방법원 2017.03.31 2017노166
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The following facts are favorable: (a) the Defendant recognized the offense; (b) there is no history of sentence imposed on the Defendant; (c) the Defendant appears to drive a vehicle after about nine hours after drinking; and (d) there was no additional damage, such as causing traffic accidents due to the instant crime; (b) the instant crime is deemed to drive a vehicle under the influence of alcohol at least 0.084% of alcohol level in blood without a driver’s license; (c) the Defendant, who had been under the influence of multiple criminal punishment due to the instant crime, driven a vehicle without a driver’s license, is able to have the records of punishment for the same crime (two times or more of the past suspension of execution period); and (d) other various circumstances, including the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., which are the sentencing conditions set forth in arguments, even if considering all favorable circumstances for the Defendant, and thus, the Defendant’s assertion is not reasonable.

3. In conclusion, 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. It is so decided as per Disposition.

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