beta
(영문) 대구지방법원 2017.05.25 2017노1436

도로교통법위반(음주운전)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the reasons for appeal, the defendant asserts that the defendant is too unfasible with regard to the punishment (six months of imprisonment) declared by the court below, and the prosecutor is too unfased and unfair.

2. On October 8, 2015, the Defendant had been punished eight times in total due to drinking or non-licensed driving, including two times of suspended sentence, and in particular, even though he was sentenced to a two-year suspended sentence for imprisonment in August 8, 2015 by the Daegu District Court, which was sentenced to a two-year suspended sentence on the grounds of drinking or non-licensed driving, it is highly likely that the Defendant committed the instant crime at least one month from the date when the above judgment became final and conclusive, in that he committed the instant crime.

However, in light of the sentencing conditions in 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 recognized that it is too heavy or unreasonable because it is too heavy.

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