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(영문) 대구지방법원 2018.09.06 2018노2299
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (eight months of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. The Defendant had a record of having been punished several times for the same type of crime, including drinking and unlicensed driving, and, in particular, after the execution of imprisonment was completed due to a crime of violating the Road Traffic Act (unlicensed driving), committed the instant crime during the period of repeated crime.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment, the sentencing of the lower court is not unfair.

3. As the Defendant’s appeal is without merit, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act (Provided, That the application of the statute of the lower judgment clearly shows that the entry of the aggravation of repeated offense was omitted by mistake, and thus, pursuant to Article 25(1) of the Rules on Criminal Procedure, “1. Aggravation of repeated offense” is added before “1. Aggravation of repeated offense” in the application of the statute of the lower judgment.

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