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(영문) 대구지방법원 2015.07.09 2015노1879

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The Defendant did not have any record of criminal punishment exceeding the suspended sentence, and is going against the depth of and not to repeat the crime of this case.

The blood alcohol concentration of the instant crime is 0.069% and is not relatively high.

However, the defendant has been punished several times for the same case (one time of suspended execution, four times of fines), and on July 10, 2014, the Daegu District Court sentenced 2 years of suspended execution to drinking, driving without a license, and sentenced 8 months of imprisonment with prison labor for the same kind of case, and again committed the crime in this case during the suspended execution period, and the nature of the crime is heavy.

The crime of this case is inevitable to punish the defendant as it was committed by the driver without a license for driving under the influence of alcohol.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

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