beta
(영문) 대구지방법원 2016.09.01 2016노2786

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The Defendant, who recognized the facts charged, runs against the Defendant.

However, the Defendant could have been punished due to drinking driving, etc., and on May 3, 2016, the Defendant was sentenced to a suspended sentence of six months of imprisonment due to drinking driving, etc. on May 3, 2016, and the two weeks have not elapsed thereafter, and thus, committed the instant crime.

Drinking driving is a serious crime threatening the life and body of himself/herself and others, and the blood alcohol concentration level of this case is 0.104% high.

In full view of the statutory punishment, the punishment imposed by the Road Traffic Act, the equity of the criminal defendant, the age, character and conduct, the environment, and all the sentencing conditions shown in the records and arguments, the sentence of the court below is not deemed unreasonable.

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