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(영문) 대구지방법원 2018.02.08 2017노5592
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six 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.

However, even though the defendant had been already sentenced to four times or punishment due to drinking driving, he/she has repeatedly committed drinking in a short period despite the fact that he/she had been punished four times or more due to drinking, and the degree of criticism is relatively high in that the blood alcohol level at the time of each drinking driving is 0.15% and 0.102%.

In full view 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 commission of the crime, the lower court sentenced the lower court to the statutory minimum sentence that has been mitigated, compared to the first instance court, where there is no change in the conditions of sentencing, and where the sentencing of the first instance 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.

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.

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