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(영문) 대구지방법원 2016.06.23 2015노3519
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, two years of suspended sentence, one year of observation of protection, one year of community service order, and 120 hours of community service order) is too unreasonable.

2. The Defendant is against the Defendant who recognized the facts charged.

However, the alcohol concentration among the blood of this case is not lower than 0.113%, and the defendant has been punished three times due to drinking driving (including a suspended execution once).

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 absence of the sentence of the court below.

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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