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(영문) 대구지방법원 2013.08.22 2013노1921

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Although the distance of the defendant's driving is relatively short of about 30 meters, the defendant has been punished several times due to the same kind of crime (actual punishment, suspended execution, and fine), and the crime of this case also committed during the period of repeated crime due to the same kind of crime.

The Defendant, while driving under the influence of alcohol, causes a traffic accident and the nature of the crime is heavy.

Blood alcohol concentration was also 0.099% higher.

In addition, examining the sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, and method and result of the crime, it is difficult to deem the sentence of the court below is too unreasonable.

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.