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(영문) 대구지방법원 2017.09.14 2017노1154

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in the imprisonment of eight months, and forty hours of compliance driving lectures) is too unreasonable.

2. It is recognized that the Defendant’s mistake is divided and reflected, and that he does not repeat again while disposing of the vehicle used for the crime. The degree of injury suffered by the victim of the instant traffic accident is relatively minor, and that the victim does not want the punishment of the Defendant by agreement with the victim.

However, despite the fact that the defendant had already been punished three times due to driving of alcohol, he is likely to cause a traffic accident while driving again, resulting in an injury to the victim, and the degree of criticism is relatively high in the blood alcohol concentration at the time of committing the crime.

In light of the above circumstances and other conditions of sentencing as shown in the records and arguments, such as the character and conduct, the environment, and the circumstances after the crime, and the circumstances where there is no change in the conditions of sentencing compared to the first instance court and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the lower court’s punishment is too 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.