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(영문) 대구고등법원 2012.12.27 2012노594
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the original court (eight months of imprisonment) is too unreasonable;

2. The circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of his own, reflects the wrongness of the defendant, and is the most likely to support his or her offspring under the age of 15.

However, the defendant had been punished several times due to the same drinking or non-licensed driving, and in particular, on July 14, 201, sentenced one year of suspended sentence to six months of imprisonment for the crime of violation of the Road Traffic Act on July 14, 201, and was sentenced to one year of suspended sentence, and on the 22th of the same month of the same month, he did not know even though he had been under suspended sentence.

The blood alcohol concentration at the time of driving under the influence of alcohol in this case is 0.132% relatively high.

All these circumstances are disadvantageous to the defendant.

In addition to this point, the sentence of the court below is too unreasonable in light of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, and circumstances after the crime, etc.

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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