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(영문) 대구지방법원 2019.11.22 2019노3745
일반교통방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized all of the crimes of this case and reflected, and that the dampness of heavy driving should be abandoned.

However, there are previous criminal records (one month of imprisonment, one year and seven months of imprisonment) for which the defendant has already been sentenced to two times of punishment due to a crime of violation of the Road Traffic Act (joint dangerous acts), and other criminal records including three times of imprisonment, one time of imprisonment, and three times of suspended execution of imprisonment or imprisonment without prison labor. The crime of this case is committed only two months after the execution of imprisonment is completed, that is, the defendant committed a repeated crime, and that the defendant's criminal records are likely to repeat the crime of this case. It is also acknowledged that the crime of this case causes a large risk to many unspecified citizens, and that the crime of this case is not committed.

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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