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(영문) 대구고등법원 2013.11.07 2013노445
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The judgment of the court below has a record of being punished several times due to drinking driving, and in particular, even if the defendant was sentenced to a punishment due to drinking driving, such as the criminal records as stated in the judgment below, and completed the execution on July 16, 201, he also carried out driving without a drinking license of each case.

The blood alcohol concentration level at the time of each drinking driving of this case is 0.153% and 0.292% respectively.

The defendant did not subscribe to mandatory insurance for each passenger car which the defendant had driven without a license as above.

These circumstances are disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized each of the crimes of this case and reflected the mistake, and that the two daughters of the defendant want to leave the defendant's wife is favorable to the defendant.

In addition to this point, in full view of all the sentencing conditions as shown in the argument of this case, including the age, character and conduct, intelligence and environment of the defendant, and the circumstances after the crime, punishment imposed by the court below is too minor.

It is not recognized that it is improper or unfair because it is large.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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