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(영문) 대구지방법원 2019.09.27 2019노2903
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The judgment of the Defendant is recognized that all of the instant crimes are recognized and reflected, that there is no criminal record, that there is no criminal charge, that in particular, he/she would dispose of a vehicle, and that his/her family members and branch members want not to repeat the instant crime, and that they want to leave the Defendant’s wife.

However, the Defendant already committed the instant crime during the period of the suspended execution, which became final and conclusive on October 26, 2018 by a two-year sentence of imprisonment with prison labor for a total of five times, including a suspended sentence of imprisonment due to drunk driving or non-licensed driving, and in particular, committed the instant crime during the period of the suspended execution, in view of the repetition of drunk driving and non-licensed driving, and the risk of repeating the instant crime is deemed to exist in view of the repetition of the same, and the blood alcohol concentration in the instant case is not lower than 0.082%.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court 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.

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