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(영문) 대구지방법원 2016.08.25 2016노2574
자동차불법사용등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. On the other hand, the Defendant recognized the facts charged and reflects the facts charged, and the damaged person does not want the punishment of the Defendant as the damaged vehicle is recovered.

However, among the blood of this case, alcohol concentration is 0.258% and 0.168%, and the Defendant committed each of the crimes of this case during the period of repeated crime due to driving without a license for drinking.

In addition, the defendant has already been punished five times (including two times the actual penalty) due to the illegal use of the motor vehicle and the driving of drinking.

In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.

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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