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(영문) 대구지방법원 2013.09.12 2013노2260
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The decision-making accused has divided the crime into depth, and disposes of the vehicle and not repeating the crime.

The Defendant had worked in D before being detained in the instant case, and had been willing to enter into marriage in November 2013.

However, the defendant has a record of being subject to criminal punishment several times due to drinking driving, and has committed the crime of this case again during the period of repeated crime.

At the time of the instant crime, the blood alcohol concentration of the Defendant was very high to 0.177%.

In addition, the sentence imposed on a similar case shall not be deemed unfair because the sentence imposed by the court below is too unreasonable in full view of all the sentencing conditions shown in the records and pleadings, such as equity, age, character and conduct, environment, family relationship, etc. of the defendant.

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

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