beta
(영문) 대구지방법원 2020.06.05 2020노984

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the reasons for appeal is that the original court’s punishment (one year and six months of imprisonment) is too unreasonable;

2. In light of the circumstances favorable to the Defendant, the lower court determined that the Defendant committed the instant crime, even though the Defendant was punished twice due to drinking and driving without a license, by taking account of the following: (a) the Defendant committed the instant crime, under the circumstances favorable to the Defendant: (b) the Defendant: (c) was aware of his mistake; (d) the degree of the victim’s injury is relatively minor; and (e) the victim’s injury is expected to have been partially recovered due to the purchase of a motor vehicle comprehensive motor vehicle insurance; and (e) the Defendant was injured by the yellow-ray central line during driving without a license; and (e) the degree of the Defendant’s breach of the duty of care was grave; and (e) the degree of the offense was poor in light of the distance and the degree of drinking

In the above circumstances, when the Defendant was punished by a fine for driving without a license in 2017 after the cancellation of the driver's license in 2016, the same driver's license and the driver's license in the event of the instant crime were the same, and the accident in the instant case could have caused large damage to human lives, and in light of the sentencing factors indicated in the instant pleadings, such as the Defendant's age, environment, character and conduct, motive for the crime, means of crime and consequence, the lower court's punishment is deemed to be appropriate and too unreasonable.

3. The defendant's appeal is dismissed.