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(영문) 대구지방법원 2016.11.24 2016노4000

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 (one year and six months of imprisonment) is too unreasonable.

2. The Defendant is against the charge, and the blood alcohol content of the instant case is 0.069%, and the degree of injury to the victim due to the instant injury is not significant.

In addition, after agreement with the above victim, he does not want the punishment of the defendant.

However, the Defendant committed each of the crimes of this case during the period of repeated crime due to the crime of extortion, etc., while driving without a license under an insurance without any license, and the liability for the crime of obstruction of performance of each of the crimes of obstruction of performance of official duties and interference with business is not very good.

In addition, the defendant is already subject to a fine by driving without a license during the period of the above repeated crime, and the defendant has been punished four times for drunk driving, nine times for non-licensed driving, two times for non-licensed driving, and fifteen times for violent crimes (including four times for actual crimes).

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.