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(영문) 대구지방법원 2019.06.28 2019노1502
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the Defendant recognized the instant crime and reflected the instant crime, and that the blood alcohol concentration in the instant case is relatively high to 0.065%, the Defendant’s distance of drunk driving is about 10 meters short, and that the Defendant would not scrap and repeat the instant vehicle.

However, it is also recognized that the defendant has already been sentenced to five times of punishment including a punishment for drinking driving, refusal of a drinking test, etc., and that there is a need to strictly punish the crime of drinking driving.

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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