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(영문) 대구지방법원 2015.04.09 2014노4836

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. In full view of the following circumstances: (a) the Defendant had the history of being punished twice due to drinking or unlicensed driving; (b) the Defendant was sentenced to a suspended sentence for six months by imprisonment at the Daegu District Court on February 6, 2014; (c) the Defendant committed the instant crime under the influence of alcohol during the current suspended sentence; (d) the blood alcohol concentration at the time of the instant crime was very high to 0.217%; and (e) other various circumstances, including the Defendant’s age, environment, occupation, family relationship, and the circumstances after the instant crime, etc., the sentence imposed by the lower court is unreasonable.

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