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(영문) 대구지방법원 2020.01.31 2019노4290
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination is recognized that the Defendant acknowledges and reflects the instant crime, that the Defendant’s children are leading, that the Defendant’s health is not good, and that there is no criminal conviction.

However, on August 20, 2019, the alcohol level of the blood alcohol level of the self-driving on April 21, 2019 is high to 0.211%, and the re-driving on August 20, 2019, which was four months after the non-driving, was conducted on August 20, 2019, the Defendant already sentenced to a total of four times of a suspended sentence of imprisonment, including one time of a suspended sentence of imprisonment due to a drunk driving and a non-licenseing driving, and the Defendant has been sentenced to a fine for one time of a suspended sentence of imprisonment, and the two times of a suspended sentence of imprisonment, including one time of a suspended sentence of imprisonment due to a non-licenseing driving, seems to have increased the risk of re-offending, and the statutory penalty of the amended Road Traffic Act for the self-driving on August 20, 2019, which was revised for two years or more. Therefore, the lower

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that 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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