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(영문) 대구고등법원 2013.03.21 2012노774
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant recognized the crime and reflected the mistake, and thus, he will not drive under the influence of alcohol in the future.

The defendant is a woman aged 80 or older and a child aged 24 who was unable to seek a job.

These circumstances are favorable to the defendant.

However, the defendant has been punished several times due to the crime of drinking driving, driving without a license, or refusing to measure drinking.

In particular, in 2008, the two-year suspended sentence was sentenced to imprisonment for the crime of drunk driving and unlicensed driving, and in 2009, the six-month sentenced to imprisonment for the crime of drunk driving andless driving.

Since the execution of the above punishment was not more than three years, the defendant committed the crime of this case and constitutes a repeated crime.

The blood alcohol concentration level of the instant case is also 0.241% high.

These circumstances are disadvantageous to the defendant.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the sentencing of the lower court is not deemed to be unfair because the sentencing of the lower court 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 defendant's appeal is without merit.

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