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(영문) 대구지방법원 2018.05.18 2018노963

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the defendant, through detention for a period of three months, repents his mistake in depth, and does not repeat again, disposes of the cargo that the defendant has driven, and that the defendant has no criminal conviction.

However, considering the fact that the Defendant was sentenced to three times a fine due to drinking driving, the Defendant was punished for two times a suspended sentence, the Defendant again committed the instant crime even during the suspended sentence due to drinking driving, the Defendant’s blood alcohol concentration at the time of the instant case is 0.167%, and the Defendant was even driving without a license, it is necessary to severely punish the Defendant.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unreasonable.

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.