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(영문) 대구지방법원 2019.10.25 2019노2901

도로교통법위반(음주운전)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the Defendant (a fine of eight million won) imposed by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

It is recognized that the defendant recognized the crime of this case and reflected against the defendant, there are families to support the defendant's wife and three children, etc., the defendant's economic situation is not good, the remaining four fingers except for the left hand hand, and the disabled who were judged as having disability 4, and that the family of the defendant wanted to leave the ship.

However, it is also recognized that the defendant has already been punished by a fine twice due to drinking driving, and that the defendant has committed the crime of this case during the period when the license was revoked due to drinking driving on November 26, 2018 and the period of repeated crimes after the lapse of two days after the license was revoked.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.