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(영문) 대구지방법원 2016.09.22 2015노5268
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of execution of two years, the observation of protection, the community service order 80 hours, the lecture order 40 hours) is too unreasonable.

2. The Defendant, who recognized the facts charged, runs against the Defendant.

However, the Defendant had been punished three times due to drinking driving, etc. after 2000, and committed the instant crime. In addition, the driving of drinking is serious criminal threatening his/her life and body, the concentration of alcohol in the instant blood is considerably high by 0.149%, and all of the sentencing conditions indicated in the records and arguments, such as statutory penalty prescribed by the Road Traffic Act, equity of the punishment imposed on similar cases, the Defendant’s age, sexual behavior, environment, etc., the lower court’s punishment is not deemed unfair.

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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