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(영문) 대구지방법원 2018.08.31 2018노1240

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment recognizes both of his mistake and reflects the defendant's health, the defendant's health status appears to fall, and the defendant disposes of the vehicle and commits recidivism.

However, it is also recognized that the Defendant had three times the history of punishment for drinking driving, including the suspended sentence of imprisonment for the same kind of crime, and in particular, the Defendant committed the instant crime during the suspended sentence due to the same crime, and that the blood alcohol concentration in the blood was very high to 0.223% at the time of driving the instant drinking.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, 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 sentencing of the lower court is not unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.