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(영문) 대구지방법원 2019.07.05 2019노1731

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects it, that the distance of drinking driving in this case is not less than about 200 meters, that is, suffering from urology, etc., and that the health is not good, and that the defendant's consciousness wanting to find the defendant's wife.

However, it is also recognized that the Defendant had already been punished seven times in total due to drunk driving, including two times of punishment, and that other criminal records of different types, including four times of punishment, committed the instant crime during the period of repeated crimes, and that the blood alcohol concentration is higher than 0.129% in the instant case, and that the Defendant was not absent on several occasions on the date of the judgment of the original court of this case.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, 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.