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(영문) 울산지방법원 2016.10.28 2016노1407
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. Determination: (a) in light of the fact that a drinking driving is highly likely to inflict harm on the life and body of others as well as his own; (b) the nature of the crime is not weak; (c) the Defendant has been punished three times by a fine due to a drinking driving; and (d) again repeats the same crime despite the fact that the Defendant had been punished once due to a drinking refusal; or (c) the Defendant has recognized and reflected the instant crime; (d) the Defendant’s blood alcohol concentration level is relatively high to 0.062%; and (c) the driving distance is not relatively high to 500 meters; (d) the Defendant considered the driving distance as not having taken sufficient waters after drinking; and (e) there are some circumstances and circumstances in light of the circumstance of drinking driving; and (e) there are no circumstances or changes in circumstances newly considered in sentencing after the decision of the court below was rendered; and (e) the Defendant’s age, character and conduct, environment, motive and motive of the crime; and (e) the method and consequence of the crime after the crime.

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

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