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(영문) 대구지방법원 2015.05.12 2014노3078

도로교통법위반(무면허운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) imposed by the court below is too unreasonable.

2. The fact that the defendant's decision is against the wrong drinking and driving without a license and is likely to not repeat again, and that the economic situation of the defendant is difficult, etc. are favorable to the defendant.

However, the drinking driving is a serious crime causing danger to the life and body of himself and other persons, and there is a need to strictly punish the defendant by committing the instant crime even though the same criminal record was two times. The instant crime was committed while driving under the influence of alcohol, and the blood alcohol level was reduced to 0.105%, and the distance of driving is about 2.5 km, and it is very heavy that the crime is committed. In light of the records and arguments of this case, it cannot be said that the sentence of the court below is too unreasonable, considering the following factors: (a) the degree of punishment is equal; (b) the distance of driving is about 2.5 km; and (c) the degree of punishment is too heavy; and (d) all of the sentencing conditions indicated in the records and arguments of this case, including equity

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.