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(영문) 대구지방법원 2020.04.24 2020노380

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the reasons for appeal is that the original court’s punishment (one year and six months of imprisonment) is too unreasonable;

2. The judgment is favorable to the defendant, such as the fact that the defendant recognized and detained the crime, the fact that the defendant suffers from illness, etc., and that the defendant supports the mother while living together with the mother of over 90 years old, that the defendant does not have a sentence, and that the defendant was under drinking driving because of concerns about the mother of the aged who is married, etc.

However, since around 2006, the Defendant was sentenced twice to a fine for the violation of the Road Traffic Act due to a drunk driving and once a suspended sentence, and the Defendant committed a repeated crime during the suspended sentence period due to the same criminal act, and caused an accident during the drunk driving, etc., which is disadvantageous to the Defendant.

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, character and conduct, environment, etc., the lower court’s sentence against the Defendant is too inappropriate and unfair.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. Conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

참조조문