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(영문) 대구지방법원 2013.10.24 2013노2130

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.

2. The Defendant’s mistake in the instant crime is often divided and reflected in depth, and the driving distance is relatively short, and there are some circumstances to consider the motive leading to the instant crime.

However, drinking or unlicensed driving is a serious crime threatening the life and body of himself and others, and the defendant committed the crime of this case again during the suspension period of execution due to the same crime even though he had been punished several times for drinking, driving without a license, and traffic-related crimes.

Blood alcohol concentration was also 0.166% higher.

In addition, examining the sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, etc. of the defendant, it is difficult to see that the sentence of the court below is too unreasonable.

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