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(영문) 대구지방법원 2016.12.01 2016노1561

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, one year of suspended sentence, 80 hours of community service order, and 40 hours of lecture order) is too unreasonable.

2. The Defendant’s judgment is contrary to the facts charged while recognizing the facts charged and becomes final and conclusive after having been sentenced to imprisonment without prison labor or a heavier punishment.

However, even though the Defendant was punished by a fine due to drunk driving in 2006 and the driver’s license was revoked around that time, the Defendant was punished by a fine due to driving without a driver’s license in 2009 and 2010, and was punished by a fine due to driving without a driver’s license in 2010.

Nevertheless, around 2012, the court of first instance was sentenced to 6 months of imprisonment and 2 years of suspended execution. The defendant appealed from this appeal, and the court of appeal decided that the fine of 10 million won was to be considered.

Nevertheless, the defendant was also driving under the influence of alcohol.

In full view of the fact that drinking driving threatens the life and body of himself/herself and others, and the statutory penalty as prescribed by the Road Traffic Act, the sentence imposed in a similar case, the equity of the punishment imposed, the age of the defendant, character and conduct, environment, etc., and all of the sentencing conditions shown in the records and arguments, it is not recognized that the sentence of

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.