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(영문) 대구고등법원 2012.11.15 2012노464
도로교통법위반(음주운전)
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. The circumstances favorable to the defendant include the fact that the defendant recognized his/her criminal act and reflected his/her mistake, and the fact that he/she must support his/her wife and children are the most favorable to the defendant.

However, the defendant was sentenced to criminal punishment on several occasions due to the same kind of drinking driving, etc., and on June 18, 2009, in the Daegu District Court's resident support for the crime of violation of the Road Traffic Act, the defendant was sentenced to two years of suspended sentence on August 26 of the same month, and the above judgment became final and conclusive on the 26th of the same month and committed the crime of drinking driving in this case before the lapse of one year.

Moreover, the blood alcohol concentration at the time of driving under the influence of alcohol of this case is 0.305% high.

All these circumstances are disadvantageous to the defendant.

In addition to this point, in full view of various circumstances, including the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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