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(영문) 대구지방법원 2020.05.08 2019노5172
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The judgment below seems to have sentenced one year to imprisonment with prison labor, comprehensively taking into account the circumstances favorable to the defendant (i.e., confession, reflectiveness, and not re-offending) and unfavorable circumstances (i.e., the crime of this case committed several times of punishment including three times of suspended sentence of imprisonment with prison labor due to the crime of drunk driving, and (ii) the blood alcohol concentration relatively high).

In light of the aforementioned various grounds for sentencing as well as the character, conduct, health condition, family relationship, motive and circumstance of the instant crime (in an urgent situation at the time of the Defendant’s death), the circumstances after the crime, and other circumstances revealed by the record, the lower court’s sentencing is appropriate and cannot be deemed to have abused its discretionary power or exceeded its discretionary power.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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