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(영문) 대구지방법원 2016.11.24 2016노3923

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The Defendant, who recognized the facts charged, reflects the facts charged, and the blood alcohol content of the instant case is 0.068% and is not so high.

However, the Defendant committed the instant crime during the period of suspension of execution due to drinking traffic accidents, and the Defendant has already been punished five times due to drinking driving (including two times of suspension of execution), and two times due to driving without a license.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, environment, character and conduct, and circumstances after committing the crime, the lower court’s sentence 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.