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(영문) 울산지방법원 2016.11.10 2016노1346
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the defendant include the fact that the defendant recognized his mistake and reflected, the driving distance is relatively short, and the blood alcohol concentration is relatively high.

However, the Defendant had a record of having been punished several times for the same crime in the past, and in particular, even if he was sentenced to a summary order by regulating the violation of the Road Traffic Act (driving) around March 2016, the Defendant committed the instant crime; further, the Defendant had a record of having been punished several times due to a large number of different crimes; even though he was sentenced to a suspended sentence in 2010 and was sentenced to a fine for the total of ten crimes committed during the suspended sentence period, he did not know about the fact that he was sentenced to a fine for the instant crime, and that he returned to the instant crime without being aware of the fact that he was sentenced to a fine for the entire ten crimes committed during the suspended sentence period; and other various sentencing conditions shown in the records and arguments, such as the Defendant’s age, character and behavior and environment, and the circumstances after the crime, etc.

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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