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(영문) 울산지방법원 2015.06.12 2015노421
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant are that the Defendant’s confessions all of the instant crimes and reflects, and that the Defendant appears to have a clear social relationship.

However, the court below already sentenced 6 months of imprisonment with prison labor which is the lowest punishment considering the above favorable circumstances, the defendant was sentenced to 6 months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and committed the crime of this case during the repeated crime period after the execution of the sentence was completed, including 3 times of punishment for the same crime, such as the violation of the Road Traffic Act or the violation of the Road Traffic Act (non-licensed). The current Road Traffic Act stipulates that the person who has violated the prohibition clause on drunk driving more than twice again shall be punished more strictly in the event of drunk driving for the purpose of preventing the drunk driving which threatens the safety of the road traffic, and that the person who has violated the prohibition clause on drunk driving two times or more is punished more strictly in the event of drunk driving again, and considering the various sentencing conditions shown in the arguments of this case such as age, character and behavior, home environment, motive and background of the crime, the means and consequence of the crime, the situation before and after the crime, etc., the sentence is too unreasonable.

3. In conclusion, the defendant'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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