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(영문) 대구지방법원 2016.09.29 2016노3004

도로교통법위반(음주운전)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (eight months of imprisonment) against the summary of the grounds for appeal is too unfied, and the prosecutor is too unfied and unfair.

2. On the other hand, the Defendant had four times the history of punishment for driving under drinking, and committed the instant crime during the suspension period of execution due to driving under influence without license, and it is recognized that the alcohol concentration in the instant blood is 0.109% higher.

However, in full view of all kinds of sentencing conditions on the records, such as the defendant's age, sex, environment, occupation, and circumstances after the crime, the sentence imposed by the court below is deemed appropriate, and it is not acknowledged that it is too heavy or unreasonable because it is too heavy.

3. As such, the appeal by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.