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(영문) 대구고등법원 2013.04.11 2012노810

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. The circumstances favorable to the defendant, such as the fact that the defendant's judgment recognized his/her crime against the wrongness, and the defendant's spouse and the job union members want the defendant's wife.

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 for six months due to a driving without a license on June 28, 201, he/she was under suspension of the execution of two years due to a driving without a license on drinking.

The blood alcohol concentration level at the time of drinking driving of this case is 0.130% 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.