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(영문) 대구지방법원 2019.08.09 2019노2396

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the judgment of the defendant recognized all of the crimes of this case and reflected, there is a family member to support the defendant, and the economic situation of the defendant is difficult.

However, it is recognized that the defendant has already been punished four times in total, including two times of punishment due to drunk driving, the crime of this case during the period of repeated crime due to the same crime, and the risk of recidivism in light of the defendant's repetition of drunk driving, and in this case, the blood alcohol concentration of the defendant is very high to 0.216%.

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

3. In conclusion, 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.