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(영문) 울산지방법원 2016.10.27 2016노977
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment, two years of suspended execution, and eight hours of social service) is too unhued and unreasonable.

2. The judgment driving is a dangerous criminal resulting from a large-scale accident, and the defendant is punished by a fine of three times for the same crime and by a suspended sentence of imprisonment for one time is disadvantageous to the defendant.

However, in full view of all the circumstances that are the conditions for the sentencing of this case, such as the fact that the defendant recognized the crimes of this case as well as the fact that it is against good faith, the fact that the defendant was sentenced to a suspended sentence of imprisonment due to drinking driving in 2009, and the fact that the defendant had no record of being sentenced to criminal punishment due to drinking driving after being sentenced to a suspended sentence of imprisonment due to drinking driving in 209, and other circumstances that are the conditions for the sentencing of this case, such as the defendant's age, drinking alcohol, driving distance, motive and circumstances leading to the crime of this case, and circumstances before and after the crime, the court below's sentence is too un

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. It is so decided as per Disposition.

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