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(영문) 대구지방법원 2013.12.26 2013노3095
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The decision-making defendant has committed a crime in depth and has not committed a second offense.

Before being detained in the instant case, the Defendant had faithfully lived in the textile plant and had engaged in various volunteer activities.

However, the Defendant had a history of criminal punishment on several occasions due to drinking or driving without a license, and was sentenced to one year of imprisonment and three years of suspended sentence on December 1, 2010, and was sentenced to a fine by drinking or driving without a license during the period of suspended sentence, but was sentenced to a fine by drinking or driving without a license during the period of the same suspended sentence, and committed the instant crime during the same suspended sentence.

At the time of the instant crime, the Defendant’s blood alcohol concentration is 0.098% high.

In addition, the sentence imposed on a similar case shall not be deemed unfair because the sentence imposed by the court below is too unreasonable in full view of all the sentencing conditions shown in the records and pleadings, such as equity, age, character and conduct, environment, etc. of the defendant.

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

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