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(영문) 대구지방법원 2016.08.18 2016노2105

도로교통법위반(음주운전)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (eight months of imprisonment) against the summary of the grounds for appeal is too unfied, and the prosecutor is too unfied and unfair.

2. As the alcohol content among the blood of this case is 0.294%, at the time of driving, the Defendant appears to have been in a congested state, and the occurrence of a traffic accident with the Defendant, alone, fell into a waterway.

In addition, the defendant committed each of the crimes of this case during the suspension of execution due to the same crime, and the defendant has been punished five times due to drinking and two times due to driving without a license.

However, in full view of all the sentencing conditions in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, such as the recognition of the facts charged, the Defendant’s punishment imposed on the Defendant is deemed appropriate, and it is not recognized that it is too heavy or unreasonable because it is too hot.

3. The appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.