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(영문) 대구지방법원 2019.07.26 2019노2167

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the defendant recognized all of the crimes of this case, committed recidivism, committed recidivism, the distance of drunk driving is about 10 meters, there are circumstances to consider, there are family members to support the defendant, and there are no criminal records.

However, it is recognized that the Defendant had already been convicted of the total five times of suspended sentence due to drinking driving or driving without a license, including two times of suspended sentence, and that the circumstances after committing the crime are not good, such as taking a bath to police officers when drinking is discovered, and that blood alcohol concentration is not lower than 0.089% in the instant case, and that the risk of recidivism exists in light of the repetition of driving without a license without a license as above.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, 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.