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(영문) 대구고등법원 2013.11.14 2013노368
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. The Defendant recognized that all of the instant crimes were committed, thereby opposing his mistake.

The defendant shall support the old-parent and wife who have been sick, and the children of undergraduate students.

These circumstances are favorable to the defendant.

However, the defendant has been sentenced three times to a fine and two times to a suspended sentence of imprisonment due to the crime of violation of the Road Traffic Act (driving) and the Road Traffic Act (Refusal of measurement).

In particular, despite the fact that he was sentenced to a two-year suspended sentence for a crime of violation of the Road Traffic Act (driving) in 2011, he committed a violation of the Road Traffic Act (driving) as stated in the judgment of the court below during the suspended sentence, and again committed a violation of the Road Traffic Act (Refusal of measurement) and a violation of the Road Traffic Act (Unlicensed Driving) in the judgment of the court below during the suspended sentence.

The crime of this case is not the quality of the crime because the defendant is driving under drinking, driving without a license again, and failing to comply with a police officer's legitimate request for measurement of drinking alcohol.

The blood alcohol concentration level of the instant case is 0.168% higher.

These circumstances are disadvantageous to the defendant.

In addition to this point, in full view of various circumstances, including the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, and the suspension of the execution of the crime in violation of the Road Traffic Act in 2011 (Seoul District Court 2013 seconds250) among the previous crimes, the sentence of the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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