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(영문) 대구지방법원 2015.04.30 2015노915
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, due to the summary of the grounds for appeal.

2. In full view of all the circumstances indicated in the record, including the Defendant’s age, environment, occupation, family relationship, circumstance leading up to the instant crime, and circumstances after the instant crime, the sentence imposed by the lower court is unreasonable on the following grounds: (a) the Defendant was sentenced to a suspended sentence of two years on November 8, 2013 to one-year imprisonment due to the violation of the Road Traffic Act; and (b) the said judgment became final and conclusive on the 16th of the same month; (c) the blood alcohol level at the time of the instant case was significantly higher than 0.130%; and (d) the Defendant’s age, environment, occupation, family relationship, and circumstances leading to the instant crime, etc.

3. As such, 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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