beta
(영문) 대구지방법원 2019.09.27 2019노2830

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, due to the summary of the grounds for appeal.

2. It is recognized that the judgment of the defendant recognized all of the crimes of this case and reflected, there is no previous conviction, the distance of driving in this case is about about 20 meters, and the penalty is imposed.

However, the Defendant has already been convicted of a total of four times of punishment, including one time of the suspended sentence of imprisonment due to drunk driving, and in particular, the instant crime was committed on October 18, 2018 during the period of the suspended sentence of 9 days after the two-year judgment of the suspended sentence became final and conclusive on October 18, 2018, and thus the risk of recidivism is high. It is also recognized in this case that the alcohol concentration in blood is very high to 0.182%.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances to the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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