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(영문) 대구지방법원 2019.07.26 2019노1466

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the Defendant recognized all of the crimes of this case and reflects, that the distance of drinking and non-licensed driving in this case is not less than 1 km, and if the sentence of this case is finalized, 6 months of imprisonment, which was invalidated and postponed due to the previous suspended sentence, should be returned to the Defendant, that the Defendant did not have criminal records, and that the Defendant’s family and branch members want to leave the Defendant’s preference.

However, the Defendant had already been sentenced to four times of suspended sentence due to drinking driving, including one time of suspended sentence, and in particular, on October 11, 2017, the judgment of two years of suspended sentence was finalized on June of imprisonment due to drinking driving. The Defendant committed the instant crime during the suspended sentence, and the blood alcohol concentration of the instant Defendant was higher than 0.137%.

In addition, considering the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments of this case, it is not recognized that the sentence imposed by the court below is too unreasonable.

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