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(영문) 대구지방법원 2016.08.11 2016노1720
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The Defendant is against the Defendant who recognized the facts charged.

However, among the blood of this case, the alcohol concentration is higher than 0.11%, and the defendant committed the crime of this case during the suspension period due to a crime of different species, and the defendant has already been punished four times due to driving of alcohol.

In addition, the Defendant had been punished by a fine during the period of suspension of the above execution while driving alcohol, and the instant drinking driving constitutes the second drinking driving during the period of suspension of the above execution.

In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.

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

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