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(영문) 대구지방법원 2015.07.23 2015노2043

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 recognized the mistake of the instant crime and did not repeat the instant crime in depth.

However, the defendant has been under criminal punishment several times due to drinking driving, and even though he is currently under the period of repeated crime, he has committed the crime of this case.

The crime of this case was committed by the driver without a license for driving, and the blood alcohol concentration was high by 0.218%, and the distance of driving is 2 km and the nature of the crime is hot.

The Defendant, even though he was punished by a fine with respect to a drunk driving committed during the period of repeated crime before the crime of this case, is inevitable to sentence the Defendant to the punishment for committing the crime of this case again.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

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