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(영문) 울산지방법원 2016.10.27 2016노1042
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 7,00,000) is too unhued and unreasonable.

2. The judgment of the driving under the influence of alcohol is a dangerous criminal leading to a large-scale accident, the defendant's drinking alcohol is higher than 0.15%, and the defendant has the past record of criminal punishment due to the driving under the influence of alcohol twice, which is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) there is no history of crime exceeding a fine; and (c) there is no history of punishment for drunk driving after 2010; and (d) other circumstances that are conditions for the instant sentencing, including the Defendant’s age, environment; (b) motive and circumstance leading to the instant crime; and (c) circumstances before and after the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable, and thus, the Prosecutor’s allegation above is without merit.

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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