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(영문) 대구지방법원 2020.05.12 2020노660

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The Defendant shows an attitude against each of the instant crimes, and is going to not drive the vehicle again twice while disposing of the vehicle.

There is also a situation in which a company operated due to the detention of a defendant will be placed in a difficult location.

However, the defendant has been sentenced not only twice but also twice a suspended sentence due to drinking driving. At the time of being sentenced to a suspended sentence, the full bench complained of the wife while leading to the guidance, taking into account family salary relationship, workplace relationship, etc., and giving the defendant the last opportunity to improve the habits of drinking driving, and the defendant was placed in the place of suspended sentence.

Nevertheless, the Defendant again committed the instant crime during the period of suspended execution due to drinking driving.

In full view of all the sentencing conditions shown in the records and arguments of the instant case, even considering the circumstances favorable to the Defendant, the background of the crime alleged by the Defendant, the degree of drinking alcohol and the distance of drinking alcohol driving, etc., the lower court’s punishment is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.