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(영문) 대구지방법원 2016.09.29 2016노2999

도로교통법위반(음주운전)

Text

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, reflects the facts charged, and the Defendant’s family members want to take the Defendant’s wife.

However, the Defendant committed the instant crime during the suspension of execution due to drinking driving, and the alcohol concentration in the instant blood was very high as 0.266%, and the occurrence of a traffic accident.

In addition, the defendant has already been punished three times (including two times of suspended execution) due to drinking driving.

In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.

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.