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(영문) 대구지방법원 2017.06.01 2017노1510
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. However, the Defendant is against the view of committing the instant crime, and the Defendant does not repeat the instant crime again.

However, the defendant has already been punished three times for the suspension of the execution of imprisonment with prison labor due to drinking or non-licenseless driving, and in particular, in the Daegu District Court racing support on January 28, 2014, the defendant was sentenced to a two-year suspension of the execution of imprisonment with prison labor for one year due to drinking or non-licenseless driving, etc. on January 28, 2014, and was under the suspension of the execution of the sentence, despite being sentenced to a two-year suspension of the execution, there is a large degree of criticism in that he committed the crime of this case without a driver's license in that he committed the crime of this case.

In light of the above circumstances and other conditions of sentencing as shown in the records and arguments, such as the character and conduct, the environment, and the circumstances after the crime, and the circumstances where there is no change in the conditions of sentencing compared to the first instance court and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the lower court’s punishment is too unreasonable.

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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