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(영문) 대구지방법원 2020.10.13 2019노4270
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and four months of imprisonment, two years of suspended execution, and community service order) is too unreasonable.

2. The judgment below seems to have sentenced the above punishment by comprehensively taking into account the circumstances favorable to the defendant (such as the fact that one of the previous convictions is before about 14 years, the driving distance is not visible, and the ordinary social service activities are doing so, etc.) and unfavorable circumstances (such as the fact that blood alcohol concentration is high, and that two of the previous convictions are involved in drinking driving).

The grounds for various sentencing recognized by the court below and the defendant have been sentenced to a fine for a crime committed by drinking alcohol level of 0.168% in 2017; considering the defendant's age, career, character and behavior, environment, family relationship, motive and circumstance of the crime, means and result of the crime; circumstances after the crime; other circumstances known by the records; and there are no special circumstances or changes in circumstances that the court below would change the punishment against the defendant in the first instance; the defendant did not repeat again while disposing of the vehicle; and the defendant's assertion in the first instance court such as the defendant's occupation, etc., the sentencing of the court below is appropriate even if considering the defendant's defense at the trial, and it cannot be deemed that he abused the discretion or deviates from the limits of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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