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(영문) 대구지방법원 2017.11.23 2017노3025
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the sentence of two years of suspended execution for six months of imprisonment, community service 120 hours, compliance driving lectures for 40 hours) is too unreasonable.

2. It is recognized that the defendant was guilty of committing a crime, and that the defendant has no criminal record except twice a fine.

However, despite the fact that the Defendant had already been punished twice due to drinking driving, was driving at once again, and instigated a person to make a false statement to avoid punishment. The crime of this case is likely to cause an accident that the Defendant has stopped and discovered in the process of dealing with the accident that may lead to a large number of accidents.

In full view of the above circumstances and other conditions of sentencing as shown in the records and arguments, such as the character and conduct, the environment, and the circumstances after the crime, and the circumstances where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), etc., 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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