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(영문) 대구지방법원 2016.07.14 2015노3819
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, two years of suspended execution, observation of protection, community service order 160 hours, confiscation) is too unreasonable.

2. The Defendant, who recognized the facts charged, runs against the Defendant.

However, in full view of the fact that the Defendant has been punished twice due to drinking driving, etc., and the Defendant committed the instant crime, and the driving of drinking is a serious criminal threatening his/her life and body, the alcohol concentration in the blood of this case is considerably high by 0.269%, and other sentencing conditions in the records and arguments, including the statutory penalty prescribed by the Road Traffic Act, equity of the punishment imposed on similar cases, the Defendant’s age, sexual behavior, environment, etc., the lower court’s punishment is not recognized to be unreasonable.

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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