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(영문) 울산지방법원 2015.08.28 2015노100
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 (one million won of a fine) is too unhued and unreasonable.

2. In light of the fact that the judgment, driving under the influence of alcohol is a dangerous criminal that may cause serious damage not only to the principal but also to the body and property of others, and that the defendant again commits the crime of this case even though he had been punished twice as a same crime, and he has committed another crime, the nature of the crime is not good.

However, given that the Defendant recognized the instant crime, the blood alcohol concentration is relatively low, and the above drinking driving power is prior to 2008, considering favorable circumstances. In full view of the Defendant’s age, character and behavior, environment, motive and circumstance of the instant crime, the means and consequence of the instant crime, and various sentencing factors indicated in the record, such as the circumstances after the commission of the crime, etc., the Prosecutor’s above assertion is without merit.

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

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