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(영문) 대구지방법원 2015.04.16 2015노774
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. In full view of various circumstances, including the Defendant’s age, environment, occupation, family relationship, and the circumstances leading to the instant crime, the lower court’s sentence is not deemed to be unreasonable on account of the following factors: (a) the Defendant, who was sentenced to a suspended sentence for six months of imprisonment by committing a violation of the Road Traffic Act at the Daegu District Court on September 26, 2013; (b) the Defendant committed the instant crime even during a suspended sentence of two years; (c) the blood alcohol level at the time of the instant crime was significantly higher than 0.135%; and (d) the Defendant escaped about 8km to avoid the drinking control at the time of the instant crime and brought about risks in traffic operation; and (e) the sentencing conditions indicated in the record, including the Defendant’s age, environment, occupation, family relationship, and the circumstances

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

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