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(영문) 대구지방법원 2016.05.26 2016노1110

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment is recognized that the defendant led to confession and reflects the facts charged, and that there is a family member to support.

However, in full view of the following circumstances: (a) the Defendant committed each of the instant crimes by driving a second alcohol without a license even though he was found to have driven a vehicle which did not have the ownership transfer registration in the state of drinking without a license since 2001, such as drinking and the force of punishment for non-licenseless driving nine times; (b) the Defendant committed each of the instant crimes by driving a second alcohol without a license after being investigated by an investigative agency; (c) the Defendant’s age, sex behavior, environment, circumstances leading to the Defendant’s crime, and circumstances after the crime, etc., the lower court’s punishment is not recognized to be unfair due to the lack of sentence.

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