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(영문) 대구지방법원 2019.06.14 2019노1256

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. It is recognized that the defendant's recognition of and reflects on the instant crime, that the distance of the Defendant's drunk driving is not relatively less than 200 meters, that the Defendant's disposal of the vehicle, that the Defendant would not repeat the crime, that the Defendant raises his child due to divorce with his wife and neglect, and that the Defendant's wife want to have his wife against the Defendant.

However, it is also recognized that the Defendant had already been sentenced to a total of four times or more including two times of suspended sentence due to drinking driving, and that there are only one criminal conviction subject to suspended sentence for other crimes, and that the Defendant’s blood alcohol concentration is 0.15% higher than 0.15%.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, 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.