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(영문) 울산지방법원 2018.02.09 2017노1509
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) against the Defendant on the summary of the grounds of appeal by the Defendant is too unreasonable.

2. Determination as follows: (a) the actual reality of the risk of driving without a license for drinking alcohol in this case; and (b) the Defendant has not caused a traffic accident; and (c) the Defendant reflects the mistake in depth while committing an offense, etc. favorable to the Defendant.

Meanwhile, at the time of the instant crime, the blood alcohol content reaches 0.173%, the Defendant had been punished seven times by imprisonment with labor for driving without a license for drinking, etc., and the Defendant committed the instant crime during the period of repeated crime after having been sentenced to ten months on May 2015 due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (unlicensed driving) around January 2016. In addition, comprehensively taking account of the Defendant’s family relation, age, sexual behavior, environment, circumstances after the instant crime, etc., the lower court’s sentence appears to be within a reasonable and appropriate scope, and cannot be deemed unfair and unreasonable.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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