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(영문) 대구지방법원 2020.01.31 2019노4566

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the court below to the defendant (eight months of imprisonment) is too unreasonable, because of the gist of the grounds for appeal

(A) On February, 200, it is recognized that the defendant recognized all of the crimes of this case, the defendant has no criminal record, there is no family member to support, and the defendant's health is not good.

However, according to the fact that the defendant had already been punished for a suspended sentence of imprisonment three times due to a drunk driving, and the risk of repeating a crime seems to exist in light of the repetition of a drunk driving, and the revised Road Traffic Act has strengthened criminal punishment by raising the statutory punishment on the crime that may cause serious harm to the life and body of others as well as himself/herself, it is necessary to remove the criminal behavior of the defendant and impose criminal punishment corresponding to the repeated crime in order to enhance the order of road traffic. In this case, it is also recognized that the blood alcohol concentration is higher than 0.176%.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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