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(영문) 대구지방법원 2016.08.25 2016노2411

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The Defendant, who recognized the facts charged, reflects the facts charged, and the family members and branch members of the Defendant wish to be the Defendant’s wife.

However, among the blood of this case, alcohol concentration is very high as 0.317%, and there was a single traffic accident in which the Defendant’s vehicle falls outside the road, and the Defendant has already been punished five times (including two times a suspended sentence) due to drinking driving.

In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.

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, and it is so decided as per Disposition (Article 44 (1) of the judgment of the court below is obvious that "Article 44 (1)" of the 6th judgment of the court below is a clerical error of "Article 44 (1)", and correction is ex officio.