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(영문) 대구고등법원 2013.05.16 2013노32

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the original court (six months of imprisonment) is too unreasonable;

2. Determination is a favorable condition to the defendant that the defendant recognized his/her criminal act and reflects the wrong, and that the defendant suffers from diveebrate, etc.

On the other hand, the defendant has been punished several times due to the same kind of drinking driving, etc., and in particular, on April 6, 2010, he was sentenced to a suspended sentence of 10 months and was sentenced to a fine on October 6, 201 while driving without a license during the suspended sentence and was sentenced to a fine on October 6, 201.

The blood alcohol concentration level at the time of drinking driving of this case is 0.130% high.

These circumstances are disadvantageous to the defendant.

In addition to this point, the sentence of the court below is too unreasonable in light of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, and circumstances after the crime, etc.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.