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(영문) 대구지방법원 2019.02.01 2018노4723

도로교통법위반(음주운전)

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 the Defendant, and that the instant crime did not cause personal or material injury, such as a traffic accident.

However, the Defendant has already been punished twice as a crime of violation of the Road Traffic Act (driving) and one-time imprisonment. In particular, the Defendant committed a traffic accident causing the death of the victim while repeating a licenseless driving in around 2008, and committed the instant crime without any weighting three years, and it is recognized that the Defendant committed the instant crime without any weighting, and that the Defendant’s blood alcohol concentration at the time of the instant case is relatively high to 0.083%.

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.