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(영문) 대구지방법원 2020.01.31 2019노4616
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. It is recognized that the judgment of the Defendant recognized all of the instant crime and reflects the Defendant’s recidivism, such as disposal of vehicles, etc., and that the blood alcohol concentration in the instant case is not relatively high to 0.065%, and that the Defendant has family members to support the Defendant.

However, according to the fact that the defendant had already been punished for a single sentence due to drunk driving and driving without a license, and that the defendant had been punished for a total of three times due to the external driving, in particular, committed the crime of this case during the repeated period due to drunk driving and driving without a license, in light of the repetition of driving without license, and that the risk of repeating the crime is likely to occur in light of the repetition of driving without license, and that the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for the crime that may cause serious harm to the life and body of others as well as himself/herself, it is also recognized that it is necessary to remove the criminal behavior of the defendant and impose criminal punishment corresponding to the crime that is repeated in order to enhance the order of road traffic, and that it is also recognized that even in this case, it is also necessary to impose criminal punishment corresponding to the criminal act that

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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