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(영문) 대구지방법원 2018.09.07 2018노2396
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects the fact that there was no physical damage to human resources due to the drinking of this case and driving without the license, and that the family members and branch members of the defendant want to take the seat of the defendant.

However, it is also recognized that the defendant had been punished five times in total due to the same crime, including the suspended sentence of imprisonment due to the same crime, and in particular, during the suspended execution period due to drinking and non-licensed driving, the drinking and non-licensed driving of this case in this case, the defendant's blood alcohol concentration at the time of this case is higher than 0.142%, and the defendant was absent from the substantive examination of detention warrant and escaped.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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