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(영문) 대구지방법원 2016.11.10 2016노3637
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The Defendant, who recognized the facts charged, reflects the facts charged, and the Defendant’s family members want to take the Defendant’s prior action.

However, the Defendant committed the instant crime during the period of repeated crimes due to driving without a license for alcohol, and the blood alcohol concentration of the instant case is very high as 0.283%, and the Defendant has already been punished five times (including two times the actual ones) due to driving without a license for alcohol and refusal to measure alcohol.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, environment, character and conduct, and circumstances after committing the crime, the lower court’s sentence is not deemed 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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