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(영문) 대구지방법원 2020.01.10 2019노4240

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (six months of imprisonment) shall be too unreasonable;

(In this case, the driving distance in this case is about five meters short, there are circumstances to consider it, and it is recognized that there are family members to support the defendant, such as the mother-child, etc.

However, the defendant has already been punished once as a suspended sentence of imprisonment due to drunk driving and driving without a license, and the defendant has been punished four times as a fine due to external driving, and two times as a fine due to a non-licensed driving, and in particular, on October 20, 2017, the judgment of a suspended sentence of six years was finalized. The crime of this case was committed during the suspended sentence period, and the crime of this case was committed during the suspended sentence period, in view of the repetition of non-licensed driving, and the risk of recidivism is likely to occur, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for the crime that may cause serious harm to the life and body of others as well as himself/herself, it is recognized that the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for the crime. In this case, it is necessary to remove the defendant's habitle and impose criminal punishment corresponding to the crime that is repeated in order to improve the order of road traffic, and in this case, blood alcohol concentration is relatively high to 0.12%, and even a non-licensed driving.

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. If so, the defendant's appeal is reasonable.

참조조문