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(영문) 대구지방법원 2016.08.11 2016노1910
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. However, the Defendant recognized the facts charged and reflected in the charges, and does not repeat the charges, such as disposing of the accompanying stoves, and there is an obstacle to the lower half of the charges.

However, among the blood of this case, alcohol concentration is higher than 0.138%, and the defendant committed each of the crimes of this case during the suspended execution period for the same kind of crime, and the traffic accident occurred.

In addition, the defendant has been punished three times due to drinking driving and four times due to driving without a license.

In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.

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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