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(영문) 대구지방법원 2017.01.26 2016노4957

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

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

However, the Defendant was sentenced to a suspended sentence for six months of imprisonment due to an injury on October 7, 2015, and committed the instant crime during the suspended sentence period. In addition, the Defendant was sentenced to a suspended sentence for one year due to the injury on October 7, 2015.

Drinking driving is a serious crime threatening the life and body of himself/herself and others, and alcohol concentration in the blood of this case is considerably high by 0.167%.

In addition, in full view of all the sentencing conditions shown in the records and arguments such as the defendant's age, sex, environment, etc., the sentence of the court below is not recognized to be unfair.

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.