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(영문) 대구지방법원 2017.02.16 2016노5485
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The Defendant recognized the facts charged and reflected in the facts charged, and transferred the vehicle, etc., and the Defendant’s family members and branch members wish to take the Defendant’s prior action.

However, the Defendant committed the instant crime during the suspension period of execution due to driving without a license for alcohol, and the alcohol concentration in blood is considerably high as 0.122%, and the Defendant has already been punished three times due to driving without a license and twice due to driving without a license.

In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the failure of the defendant's punishment.

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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