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(영문) 대구지방법원 2015.05.07 2015노1032

도로교통법위반(음주운전)등

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. In full view of the following circumstances: (a) the Defendant was punished several times with drinking or non-license; (b) on January 14, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for violating the Road Traffic Act at the Daegu District Court on June 12, 2010 and completed the enforcement of the sentence at the Daegu Detention House on June 12, 2010; (c) the Defendant committed the instant crime even during the period of repeated offense; (d) the Defendant’s blood alcohol concentration at the time of the instant crime was very high to 0.197%; and (e) other circumstances, including the Defendant’s age, environment, occupation, family relationship, the background leading to the instant crime, and the circumstances after the instant crime, etc., the Defendant’s sentence that the lower court sentenced to is unreasonable.

3. As such, 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.