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(영문) 대구지방법원 2019.10.11 2019노3144

도로교통법위반(음주운전)등

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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 of the defendant recognized all of the crimes of this case and reflected, that the family and branch members of the defendant want to find out the defendant's wife against the defendant, that they should support the mother suffering from dementia, and that they are preventing recidivism, such as scrapping alba, etc.

However, the Defendant has already been sentenced to a punishment once due to drunk driving and driving without a license, and the Defendant has already been sentenced to a punishment once, a fine is sentenced to a punishment once due to a refusal of drinking alcohol measurement and a non-licensed driving, and five times of suspended sentence of imprisonment due to a drunk driving, including one time of suspended sentence of imprisonment due to a non-licensed driving, and the Defendant has been sentenced to a punishment three times of a fine due to a non-licensed driving, and the blood alcohol concentration in this case is 0.151% higher.

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.