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(영문) 울산지방법원 2020.10.23 2020노505
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment, two years of suspended sentence, two years of probation, 40 hours of probation, and 40 hours of compliance driving order) is too unreasonable.

2. Determination is a factor favorable to the defendant, such as the fact that the defendant shows the attitude of recognizing and reflecting his mistake, and that the distance of the defendant's driving is short and the risk of drinking driving is not realized.

However, even though the defendant had been punished for the same kind of crime, it seems that the defendant left to the crime of this case without any opening, and the fact that the defendant's blood alcohol level at the time is high is disadvantageous to the defendant. In full view of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all the sentencing conditions in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the court below'

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 on the ground that it is without merit. It is so decided as per Disposition.

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