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(영문) 대구지방법원 2018.06.08 2018노1107
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The defendant's recognition of the crime of this case and reflects the defendant, and the defendant does not drive the crime of this case later.

In addition, it is recognized that the vehicle operated at the time of the instant case was disposed of and registered for cancellation.

However, even though the Defendant had been punished on five occasions by a fine due to drinking driving, one time a suspended sentence of imprisonment, and one time a fine due to driving without a license, he/she repeatedly drives the instant drinking without a license. The Defendant’s blood alcohol concentration at the time of the instant case is relatively high to 0.10%, taking into account the fact that he/she disposed of the vehicle, he/she again took over the said vehicle again even if he/she was subjected to a suspended sentence, and it is recognized that the Defendant used the said vehicle twice or driven under drinking, including the instant case.

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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