logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.06.21 2019노262
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 (7 million won of a fine) is too unhued and unreasonable.

2. Determination-making, drinking driving is a serious criminal that threatens the life, body, and property of another person as well as his/her family members, and the defendant was issued a summary order from the Ulsan District Court on May 28, 2018, despite the fact that he/she had the record of being issued a crime of drinking driving by the Ulsan District Court on May 28, 2018, thereby leading to the crime of this case. At the time of the crime of this case, the defendant's blood alcohol concentration is considerably high to 0.246%, which is disadvantageous to the defendant.

However, in full view of all the sentencing conditions indicated in the arguments of this case, including the fact that the defendant recognized the crime of this case and reflected against the defendant, the occurrence of accidents caused by the defendant's crime of this case, and whether the situation after the decision of the court below was changed, etc., the sentence of the court below seems to be within the reasonable and appropriate scope, and it cannot be deemed that it is excessively unreasonable

Therefore, prosecutor's assertion 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.

arrow