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(영문) 대구지방법원 2019.05.10 2019노413
도로교통법위반(음주운전)등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten months;

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine both the judgment and the prosecutor’s allegation of unreasonable sentencing.

It is recognized that the Defendant had a record of having already been punished twice due to drinking driving, that the Defendant committed the instant crime since he/she was sentenced to a fine on October 27, 2017 due to drinking driving, that he/she committed the instant crime since it was not long after he/she was sentenced to a fine on drinking driving, that he/she committed the instant crime, that he/she committed the instant crime while being investigated by an investigative agency in the case of 2018 high-class 1106, that he/she committed the instant crime in violation of the suspension signal, and that he/she committed the instant crime, such as collision of damaged vehicles and escape without taking any rescue measures.

However, it is also recognized that the court below accepted all of the crimes of this case, and agreed with victim H and I in the court below, and agreed with the victim J in the trial, and that human and material damage caused by the crime of this case's escape and accident after the accident is relatively small, the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, the defendant's blood alcohol concentration is not relatively high by 0.084%, in the case of the crime of drinking driving of this case, the defendant's blood alcohol concentration is not relatively high by 0.084%, the fact that the defendant scrapped and does not repeat the vehicle, the defendant's family should not scrap the vehicle, support his family, the economic situation is not good, and the defendant's wife wanted the defendant's preference against the defendant.

In addition, considering the various circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, the sentence imposed by the court below is somewhat inappropriate.

3. In conclusion, the defendant's appeal is justified.

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