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(영문) 대구지방법원 2019.02.20 2019노75
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the Defendant’s recognition of the instant crime is against the nature of the Defendant, disposal of the vehicle, and prevention of recidivism, family members to support the instant crime, absence of criminal records, and personal injury due to the drinking driving of the instant case.

However, it is also recognized that the defendant had a total of six times of punishment, including a suspended sentence for the same violation of the Road Traffic Act (driving) and that the defendant's blood alcohol concentration at the time of the instant case is 0.134% higher than that of the defendant.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, 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 sentence imposed by the lower court is too unreasonable.

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

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