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(영문) 울산지방법원 2019.10.25 2019노968
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. The circumstances that are favorable to the Defendant are the following: (a) the Defendant recognized the Defendant as committing a crime and reflects the mistake in depth; (b) the support for a young child in an economically difficult situation; and (c) his/her family and branch appears to have a clear social relationship, such as the support of the Defendant’s wife against the Defendant.

However, even though the defendant had been punished several times for the same crime, there are circumstances unfavorable to the defendant, such as that the blood alcohol level at the time of the crime of this case was higher than 0.172%, and the defendant's age, character and behavior, environment, and circumstances after the crime, etc., which are shown in the argument of this case, the court below's punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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