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(영문) 대구지방법원 2020.12.15 2020노3466

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The judgment below is deemed to have sentenced the above punishment by comprehensively taking into account the circumstances favorable to the defendant (such as the fact that the defendant appears to recognize and reflect all the crimes in this case) and unfavorable circumstances (the defendant has already been punished by a fine due to drinking driving, and on March 27, 2020, he expressed his intention not to drive under drinking again to the court of the court of the original judgment on May 12, 2020, while being tried to commit the first crime of drinking under the influence of drinking again on July 10, 2020, the second crime of this case was committed under a non-license or non-license without a license, the nature and circumstances of the crime in this case, and the fact that the degree of blood alcohol concentration is very high in drinking driving on two occasions).

In light of the aforementioned grounds for sentencing and the defendant's age, career, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, various circumstances after the crime, and other circumstances where there are no special circumstances or changes in circumstances that the court below could change the punishment that the court below decided against the defendant in the trial, even in light of the defendant's disability and the defendant's consciousness as the defendant's defense counsel's prior position, the court below's sentencing is appropriate, and it cannot be deemed that the court below abused discretion or exceeded the limits of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.