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(영문) 대구지방법원 2017.08.17 2017노2583

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant was committing a crime, against the wrongness, and the Defendant did not repeat again while disposing of the vehicle used for committing the crime.

However, the defendant has already been punished three times due to drinking driving, and in particular, on May 28, 2015, the Daegu District Court was sentenced to a two-year suspended sentence for the violation of road traffic law in the 6th anniversary of the suspended sentence. However, even though the defendant was sentenced to a two-year suspended sentence for the violation of road traffic law in the Seo-gu District Court's branch branch on May 28, 2015, there is a large degree of criticism in that the defendant committed the instant crime

In full view of the above circumstances and other conditions of sentencing as indicated in the records, such as Defendant’s age, sex, environment, and circumstances after the commission of the crime, the lower court sentenced the lower court to the statutory penalty that has been mitigated, and the fact that it is reasonable to respect the first instance judgment where there is no change in the conditions of sentencing compared with the first instance court, and the first instance judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

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.