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(영문) 대구고등법원 2012.12.06 2012노557

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. The Defendant recognized all of the crimes and repented of the mistake.

In the future, this case's vehicle is sold and it will not be driven under drinking or without a license.

There are two children who are supported by the defendant, and the wife of the defendant wants to take the action against the defendant.

However, prior to each of the crimes in this case, the Defendant has been punished by a fine (4 times) and a suspended sentence of imprisonment (3 times) on several occasions.

The blood alcohol concentration of the crime of drunk driving in this case is very high to 0.209%.

At the time of the crime of this case, the driver was under control while driving the central line.

In light of these circumstances, it is necessary to strictly punish the defendant.

In full view of such circumstances as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s sentence is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.