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(영문) 울산지방법원 2016.11.24 2016노1055
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, three years of suspended execution, three years of probation, and 200 hours of community service) of the lower court is deemed to be too unhued and unreasonable;

2. The judgment is a dangerous criminal that leads to a large-scale accident, and the defendant further causes an accident that leads to the shocking of traffic signs installed in India while driving without a license, and the defendant has already been subject to criminal punishment several times due to driving without a license 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 Defendant’s age, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is too uneasable and unreasonable, and thus, the Prosecutor’s aforementioned assertion is without merit.

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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