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(영문) 대구지방법원 2017.11.23 2017노4272

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the Defendant’s mistake is divided, contradictory, and contradictory, and that the Defendant would not repeat again while disposing of the vehicle used for committing the crime for the first time, and that the instant crime did not lead to a traffic accident.

However, the defendant has already been punished five times or more due to drinking driving, and in particular, the period of repeated crime due to drinking driving, etc. is being in the period of repeated crime due to drinking, etc., and in the case of driving a vehicle with a high level of alcohol level of 0.157% in the blood of the vehicle without being aware of it even though it is being tried for a crime of double-class crime, the responsibility for such crime is not easy.

In full view of the above circumstances and other factors such as the Defendant’s health, sex, environment, and circumstances after the commission of the crime, etc., the sentence of the lower court cannot be deemed to be unfair because its sentence is too unreasonable.

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.