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(영문) 울산지방법원 2019.02.15 2018노1168
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Determination is the circumstances favorable to the Defendant, such as the following: (a) the Defendant’s perception of all of his criminal acts and seriously reflects the Defendant; (b) the risk of drunk driving was realized; and (c) the occurrence of traffic accidents was not occurred; and (d) the Defendant’s consciousness, etc. wanting to take the Defendant’s wife, etc., which are relatively obvious.

On the other hand, however, the blood alcohol content at the time of the crime of this case reaches 0.137%, and the defendant has already been committed four times including one suspended sentence of imprisonment with prison labor. In full view of the defendant's family relation, age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime of this case, and changes in circumstances after the pronouncement of the judgment of the court below, etc., the sentence of the court below is deemed to be within a reasonable and appropriate scope, and it cannot be deemed to be excessively unfair.

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 it is without merit. It is so decided as per Disposition.

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