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(영문) 대구지방법원 2013.11.14 2013노2901
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment is based on the following circumstances: (a) the Defendant’s mistake in the instant crime is divided in depth, reflects the Defendant’s health, is not good, and is obliged to support the mother.

However, drinking or unlicensed driving is a serious crime that threatens the life and body of himself and others, and the defendant has committed the crime of this case again during the period of suspension of execution even though he has been punished several times due to drinking driving.

The distance of the defendant's drunk driving is not shorter than 4km, and the blood alcohol concentration at the time was higher than 0.15%.

In addition, examining the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, the method and consequence of the instant crime, and the conditions of sentencing indicated in the records and pleadings, such as the circumstances before and after the instant crime, it is difficult to deem that the lower court’s punishment is too unreasonable.

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

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