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(영문) 울산지방법원 2016.07.13 2016노777
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized all of the instant crimes; (b) the distance of operating the vehicle at the time of the instant case was about 300 meters; and (c) the fact that there is a family member to support the Defendant.

However, the court below, however, seems to have determined the punishment by taking into account the above favorable circumstances of the defendant, and determined the punishment by taking into account the following circumstances: (a) the defendant's blood alcohol content at the time of the case was 0.173% of the defendant's blood alcohol content at the time of the case; (b) the defendant had been punished three times as a result of drinking driving even before the case; (c) the defendant committed the crime in this case without being subject to suspended sentence due to drinking driving; (d) the defendant committed the crime in this case without being subject to suspended sentence; and (e) the current Road Traffic Act provides that the person who violated the prohibition clause twice or more times of drinking driving which threatens traffic safety shall be punished more strictly in cases of drinking again; and (e) the defendant's age, family relation, relationship with the defendant, sex, sex, environment, means and method of the crime, motive and circumstance of the crime in this case, etc., which are disadvantageous to the defendant; and (e) the court below's judgment is not erroneous to the extent that the punishment should be reversed.

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

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