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(영문) 울산지방법원 2016.10.07 2016노1092
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case is that the defendant drives a vehicle while under the influence of alcohol 0.067% with a blood alcohol concentration and causes danger to traffic. The crime of this case is committed again despite the fact that the crime of this case was committed two times as the same crime. The current Road Traffic Act stipulates that the person who violates the prohibition clause of drinking driving twice or more in order to prevent the driving under the influence of alcohol which threatens the safety of road traffic from smoke and to avoid the awareness of it, shall be punished more strictly in the case of driving under the influence of alcohol.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant recognized the crime of this case and reflects on the drinking level at the time of the crime of this case, the fact that the drinking level was not high at the time of the crime of this case, and the occurrence of additional traffic accidents caused by the crime of this case, and other factors of sentencing as shown in the arguments of this case, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime of this case, etc., it is not recognized that

3. In conclusion, the prosecutor'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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