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(영문) 대구지방법원 2019.07.05 2019노1550

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the judgment of the defendant recognized all of the crimes of this case as well as reflects on the fact that the defendant committed the crime of this case, the prevention of recidivism, the family members to support, and the defendant's will want to leave.

However, it is recognized that the Defendant had already been sentenced to 6 times a total amount of punishment, including one punishment due to drinking driving, committed the instant crime during the period of repeated crime due to driving without a license, and that the blood alcohol concentration in the instant case was not lower than 0.09%, and that the risk of recidivism exists in light of the repetition of drinking driving 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.