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(영문) 대구고등법원 2013.08.29 2013노207

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the original court (six months of imprisonment) is too unreasonable;

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the Defendant’s act of committing a crime and against the mistake; (b) scrapped the instant vehicle; (c) there is a family member to support the Defendant; (d) the Defendant was a person with a physical disability in class 3; and (e) the Defendant’s wife wanting to take the Defendant’s front seat.

On the other hand, the defendant had been punished several occasions including a four-time suspension due to the same kind of drinking driving, etc., and in particular, even though he was sentenced to imprisonment for six months due to a drinking driving on September 26, 2012, and two-day suspension of the execution and was sentenced to a two-day suspension of the execution, the defendant was also driving without a drinking license in this case.

The blood alcohol concentration at the time of driving under the influence of alcohol of this case is 0.103% and relatively high.

These circumstances are disadvantageous to the defendant.

In addition to this point, the sentence of the court below is too unreasonable in light of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, and circumstances after the crime, etc.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.