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(영문) 대구지방법원 2019.08.09 2019노2207

도로교통법위반(음주운전)

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. It is recognized that the judgment defendant acknowledges and reflects the instant crime, is of physical disability Grade 6 suffering from bipolar disorder, and must support mother-child and her children.

However, it is also recognized that the Defendant had already been punished three times, including one time of suspended sentence due to drinking driving, and the other 10 times including five previous criminal records, and that the Defendant was sentenced to imprisonment with prison labor for a minor period of eight months, following a discretionary mitigation, in consideration of the Defendant’s circumstances, at the lower court, the Defendant was sentenced to imprisonment with prison labor for a more than a statutory punishment, in only one month after completing the term of punishment for the violation of the Act on the Control of Narcotics, etc. (psychotropic Affairs).

In addition, in full view 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, 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.