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(영문) 대구지방법원 2014.12.11 2014노3636
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant shows that the defendant should not repeat the crime by reflecting the error in the crime in depth, and is suffering from depression.

However, the Defendant had been punished several times due to the same criminal conduct (the actual punishment, suspension of execution, fine), and unlicensed driving, etc., even though he was sentenced to a fine by reducing drinking and unlicensed driving during the period of repeated crime, the Defendant committed each of the crimes in this case.

On January 29, 2013 and April 18, 2013, each traffic accident caused victims to injure or injure the victims, and all of them escape from the country without taking necessary measures while destroying and damaging the damaged vehicles.

The crime of April 18, 2013 was committed by the defendant on the ground that the defendant caused an accident by gross negligence over the central line in the state of drinking, and thus, the nature of the crime and the degree of the crime are hot.

On April 22, 2013, four days after the crime was committed, the person was under the influence of alcohol on April 22, 2013, and again was under the influence of alcohol on May 26, 2013. On April 18, 2013, while the person was not under the influence of alcohol on May 30, 2013, the person was under the influence of alcohol on June 2, 2013.

It is inevitable to severely punish a vehicle that causes a traffic accident, such as being parked at the time of drinking driving and driving without a license.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

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

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