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(영문) 대구지방법원 2019.07.19 2019노571
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

The judgment of 8 months of imprisonment and 2 years of suspended execution became final and conclusive on August 12, 2017, which recognized all of the crimes of this case and reflects on the fact that the defendant all of the crimes of this case, the defendant has no criminal record, and the defendant has committed a violation of the Road Traffic Act on August 12, 2017. The crime and the crimes of this case are related to the latter concurrent crimes of Article 37 of the Criminal Act, and both the defendant's family and branch members want the defendant's preference.

However, it is also recognized that the Defendant had already been punished six times due to drinking or unlicensed driving, and that other previous crimes were seven times including two times a suspended sentence, and that the alcohol level of the blood of this case was higher than 0.124%, the Defendant committed the instant crimes after being sentenced to imprisonment for eight months, a suspended sentence of two years on April 28, 2017, and was sentenced to a suspended sentence of two years, and committed the instant crimes in bad faith, such as having been absent on several occasions on the date of the pronouncement of the instant judgment.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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