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(영문) 대구고등법원 2013.03.14 2012노779

도로교통법위반(음주운전)등

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 crime and reflects the wrong, that the defendant suffers from disease such as urology as the old age of 66 years, and that the defendant again does not drive under the influence of alcohol.

However, despite the fact that the defendant had been punished several times due to the same kind of drinking driving, and in particular, in 2009, the defendant was sentenced to the suspended sentence for 6 months of imprisonment and 2 years of imprisonment for the violation of the Road Traffic Act in 2009, and 2 years of suspended sentence for 1 year of imprisonment for the violation of the Road Traffic Act in 201, the defendant was sentenced to the suspended sentence for 2 years of imprisonment for the same violation of the Road Traffic Act.

The blood alcohol concentration level at the time of driving under the influence of alcohol of this case is 0.126% and considerably 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. 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.