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(영문) 대구지방법원 2019.05.16 2018노3931
도로교통법위반(음주운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the sentencing of the court below (three years of imprisonment with prison labor, forty hours of the law-abiding lecture, 120 hours of the community service order) is too unreasonable for the defendant, and the prosecutor is too uneasible and unfair for the prosecutor.

2. On July 6, 2016, the Defendant was sentenced to a suspended sentence of six months for drunk driving, etc., and was engaged in the instant drinking driving during the suspended sentence.

On the other hand, the defendant is seriously against his own mistake, and again, he does not drive under the influence of alcohol.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, the sentencing of the lower court is not unfair.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.

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