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(영문) 대구지방법원 2016.11.10 2016노3712

도로교통법위반(음주운전)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

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

However, on January 14, 2009, the Defendant was sentenced to two times of a fine due to drunk driving, etc., three times of a suspended sentence, and one time of a suspended sentence, and on October 27, 201, the Defendant was sentenced to two years of a suspended sentence for six months of a suspended sentence. On June 14, 201, the Defendant was sentenced to six months of a suspended sentence for driving without a license for drinking, and the said suspended sentence was terminated on April 20, 2013 upon the lapse of six months of a suspended sentence. < Amended by Act No. 11848, Jun. 14, 2012; Act No. 11871, Apr. 20, 2013>

The Defendant re-driving the instant case during the period of repeated crime.

The blood alcohol concentration of this case is 0.174% high.

The sentence of imprisonment against the accused is inevitable.

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.