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(영문) 대구지방법원 2019.04.26 2019노926

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment of the defendant recognized and led to the confession of all of the crimes of this case, the distance of drinking and driving without a license is about 200 meters relatively short, the defendant has no criminal record, and the economic situation of the defendant is not good.

However, it is also recognized that the crime of this case is not harmful to the crime of this case, such as that the defendant had already been punished seven times of criminal punishment including a suspended sentence due to drinking driving or driving without a license, that the period of suspended sentence due to drinking or driving without license has long elapsed since the period of suspended sentence has long elapsed, and that the blood alcohol concentration of the defendant at the time of this case is higher than 0.165%, that the defendant's central line was invaded by a traffic accident, and that the defendant caused a traffic accident, and refused to measure drinking at one time.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.