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(영문) 대구지방법원 2017.12.14 2017노4384

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant was committing a crime, against the wrongness, and the Defendant did not repeat again while disposing of the vehicle used for committing the crime.

However, the defendant has already been punished five times due to drinking driving, and in particular, from the Daegu District Court Kimcheon Branch on December 9, 2015, the defendant was sentenced to a two-year suspended sentence for six months of imprisonment due to drinking, and was sentenced to a two-year suspended sentence on December 9, 2015. The crime of this case led to the crime of this case without being aware of the fact that the defendant caused an accident that caused damage to Kwikset and was discovered in the course of the handling thereof, and thus, it could lead to any greater accident.

In light of the above circumstances and other conditions of sentencing indicated in the records, such as Defendant’s age, sexual conduct, environment, and circumstances after the crime, and the circumstances after the crime, where there is no change in the conditions of sentencing compared to the first instance court and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), the lower court’s punishment is too unreasonable as it is too unreasonable.

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