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(영문) 대구지방법원 2016.03.24 2016노176

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. It is recognized that the judgment of the defendant led to confession and reflects the facts charged, and that there is a family member to support.

However, in full view of the following circumstances: (a) the Defendant committed the instant crime, even though he/she was sentenced to imprisonment for 10 months due to such acts as drinking, driving without a license, etc., and completed the enforcement of the sentence for a violation of the Road Traffic Act; and (b) the Defendant again committed the instant crime even during the period of a repeated offense; (c) the drinking value is high to 0.262%; and (d) other circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age, environment, occupation, and circumstances after the crime, the lower court’s sentence is not deemed unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.