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(영문) 울산지방법원 2020.10.30 2020노724
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. In light of the judgment, the fact that the defendant shows the attitude of recognizing and opposing his mistake, the risk of drinking driving is not realized, and the fact that it is necessary to consider equity with the case of the violation of the Road Traffic Act (Refusal of Drinking Measures) at the same time as the judgment of the court below, which became final and conclusive, is favorable to the defendant.

On the other hand, however, there are several occasions of records of punishment for the same crime, and the defendant went to the crime of this case without being aware of the fact that he was under trial due to the violation of the Road Traffic Act (the measurement), and the blood alcohol concentration of the defendant at the time is high and the distance of driving is not shorter. The defendant continues to drive without the fact that he acquired the driver's license. The fact that the compliance consciousness seems to be very weak is that the defendant is disadvantageous to the defendant. In full view of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence, the court below's punishment cannot be deemed to be excessively unfair.

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 since it is without merit. It is so decided as per Disposition.

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