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(영문) 대구지방법원 2016.09.29 2016노3083
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The Defendant is going against the charge of committing a second offense by recognizing the facts charged, and scraping vehicles, etc.

However, among the blood of this case, alcohol concentration is very high as 0.172%, and the defendant committed the crime of this case during the period of repeated crime due to driving of alcohol, etc., and the occurrence of multiple traffic accidents under non-insurance.

In addition, the defendant has already been punished 6 times due to drinking driving (including 6 times of practical punishment) and 8 times due to non-licenseing driving.

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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