beta
(영문) 대구고등법원 2013.03.14 2012노702

도로교통법위반(음주운전)

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. There are favorable circumstances for the defendant, such as the fact that the defendant recognized his/her criminal act and reflects the wrong, that there are family members to support the defendant, and that family members and workplace members want to have the defendant's preference.

However, the defendant had been punished several times due to the same kind of drinking driving, etc., and in particular, even though he was sentenced to a suspended sentence of 8 months on December 29, 2009 due to a driving without a license for drinking driving on the same kind of drinking driving on the same time during the period of suspension of the execution.

The blood alcohol concentration level at the time of driving under the influence of alcohol in this case is 0.125% high.

All 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.