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(영문) 대구고등법원 2013.06.13 2013노164
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the original court (six months of imprisonment) is too unreasonable;

2. The fact that the defendant recognized his/her criminal act and reflected his/her mistake is favorable to the defendant.

On the other hand, even though the defendant was sentenced to a suspended sentence for October 19, 2012 due to the same kind of drinking driving, etc. on several occasions, and in particular, even though he was sentenced to a suspended sentence for 10 months due to the drinking driving on October 19, 2012, he did not pass one month during the suspended sentence, and even when he was sentenced to a suspended sentence for 2 years, he

The blood alcohol concentration level at the time of driving under the influence of alcohol of this case is 0.114% and considerably high.

All these circumstances are disadvantageous to the defendant.

In addition to this point, the sentence of the court below is too unreasonable in light of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, and circumstances after the crime, etc.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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