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(영문) 대구지방법원 2020.02.14 2019노4724

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. It is recognized that the Defendant recognized the instant crime and reflects it, disposed of the vehicle, and prevented the recidivism, and that there is no criminal conviction, and that there is no good health.

However, the defendant has already been convicted of the total four times of the suspension of imprisonment due to drunk driving, including one time of the suspension of the execution of imprisonment, and the criminal records of the suspension of the execution of imprisonment with prison labor due to non-licensed driving and refusal of the measurement of drinking, and the criminal records of the two times of the punishment of the two times of the crime are more criminal records, and the degree of alcohol concentration in the blood of this case is very high to 0.202%, and even without the license is recognized.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that 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.