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(영문) 대구고등법원 2012.12.27 2012노556

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the original court (six months of imprisonment) is too unreasonable;

2. The circumstances favorable to the defendant include: (a) the fact that the defendant recognized his/her criminal act against his/her wrongness; and (b) the fact that the defendant should support his/her two children and the old and the old and the two children.

However, the defendant not only has a history of criminal punishment for multiple times due to the same kind of drinking driving, but also has been sentenced to a suspended sentence of six months on October 6, 2010, which became final and conclusive on the 14th of the same month, and it has committed the crime of drinking driving in this case.

The blood alcohol concentration at the time of the pertinent drunk driving is 0.189% high.

All these circumstances are disadvantageous to the defendant.

In addition to this point, in full view of various circumstances, including the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.