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(영문) 대구지방법원 2018.03.22 2018노244
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too large and unfair.

2. The Defendant had a record of having been punished several times for the same kind of crime, such as drinking, driving, etc., and among them, the Defendant includes the record of having been sentenced to suspended execution twice due to the crime such as drinking, or the escape vehicle.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, 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 sentencing of the lower court is not unfair.

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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