beta
(영문) 대구지방법원 2016.10.06 2015노4300

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment for eight months, the suspension of execution for two years, the probation, the community service order 120 hours, the order to attend a compliance driving lecture for 40 hours) of the lower court is too unreasonable.

2. However, the Defendant recognized the facts charged and reflects on the charges, and does not repeat the charges, such as disposing of vehicles.

However, the blood alcohol content of the instant case is not lower than 0.097%, and the distance driven by the Defendant is considerably 40km, and the Defendant has already been punished five times due to driving under the influence of alcohol and driving without the license.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, environment, character and conduct, and circumstances after committing the crime, the lower court’s sentence is not deemed unreasonable.

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