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(영문) 대구지방법원 2016.04.07 2016노612

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the judgment of the defendant led to confession and reflects the facts charged, and that there is a family member to support.

However, the Defendant committed a second offense even if he was sentenced to a fine on the crime of violating the Road Traffic Act (refluence of drinking), which was committed during the period of repeated crime, including drinking, driving without a license, etc., and thereafter, committed a second offense. The instant crime was driving a cargo vehicle which was not covered by mandatory insurance in the state of taking advantage of the risk, and thus, the Defendant was liable for the crime in light of the risk, and there are other various circumstances that are attached to the sentencing records, such as the Defendant’s age, sexual behavior, environment, and circumstances after the crime, etc., the lower court’s sentence is not deemed unfair.

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