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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 울산지방법원 2015.04.10 2015노184
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized all of the instant crimes; and (b) the Defendant paid the child support to the former wife who supported the sick mother while supporting the sick mother.

However, considering the above favorable circumstances, the court below seems to have determined a sentence by discretionary mitigation; the defendant has been sentenced 5 times to a fine for the same kind of crime such as the violation of the Road Traffic Act or the violation of the Road Traffic Act (unlicensed Driving) or 2 times the suspended sentence; the defendant committed the crime in this case after the expiration of the period of suspended execution of the same crime, despite the fact that there has been several penalties for the violation of the Road Traffic Act, and the above 1 year and approximately 1 year after the period of suspended execution of the same crime. The defendant committed the crime in this case; the distance of the driving under the influence of alcohol is not less than 25 km; the blood alcohol concentration is not more than 0.138%; the current Road Traffic Act provides that the prohibition clause on the driving under the influence of alcohol is more severe if a person who violated the Road Traffic Act 2 times or more times again drives the drinking, and it does not seem that the defendant's previous conviction, family relation, method, motive and condition of the crime in this case, etc.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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