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(영문) 대구지방법원 2019.09.20 2019노2789

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment (six months of imprisonment) imposed by the court below on the defendant is too unreasonable, due to the gist of the grounds for appeal;

(A) On February 2, 200, it is recognized that the defendant's judgment recognized all of the crimes of this case and against it, the prevention of recidivism, the distance of drunk driving is about 20 meters, there are circumstances to be considered, the agreement with the victim of the traffic accident, the defendant's wife and three children must support the defendant, and the defendant's health is not good.

However, the Defendant has already been sentenced to punishment 10 times in total due to drunk driving or unlicensed driving, and the instant crime is committed during the period of repeated crime due to drunk driving, the Defendant’s blood alcohol concentration is very high to 0.195% in this case, and the instant case causes contact with other vehicles.

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.