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(영문) 울산지방법원 2015.06.19 2015노299
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of six months, a suspended sentence of two years, a probation, and a community service order of 160 hours) declared by the court below is too uneasible and unreasonable.

2. The crime of this case on board is that the defendant driven a vehicle while under the influence of alcohol without a driver's license, and it is necessary to strictly punish him/her as being likely to cause serious danger to his/her or another person's life and property. In particular, even though the defendant had been punished for the same kind of crime on several occasions (one time of suspended execution and six times of fine), he/she again commits the crime of this case, which is disadvantageous to the defendant.

However, in light of all the circumstances favorable to the defendant, including the fact that the defendant recognized all of the crime in this case, the distance of the defendant's driving at the time of the crime in this case is about 700 meters, and thus, the issue does not heavy; however, for about 4 years after the defendant was punished for the same crime in August 8, 201 and had a large number of the same records, the defendant did not commit the same crime in this case; for about 4 years until the crime in this case was committed; for about 5 years after the defendant was punished for the same crime in this case; for about 5 years, the defendant was able to listen to and immediately drive the baby of the wife who was under drinking at the time of the crime in this case, and the detention of the defendant seems to cause serious harm to the livelihood of his dependent; and for the family members supporting the defendant, the court below's age, family relation, criminal record, character and behavior, environment, means and method of the crime in this case, the motive and circumstance after the crime in this case, etc., it is inappropriate to determine that the sentence is too unreasonable.

3. In conclusion, the prosecutor'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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