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(영문) 대구고등법원 2013.04.11 2012노809
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant recognized the crime and divided the wrong facts.

There are children who are responsible for supporting the accused.

Such circumstances are favorable to the defendant.

However, the Defendant was punished by a fine (three times) and a suspended sentence of imprisonment (one time) with prison labor for a crime of drunk driving or unlicensed driving.

In particular, the Defendant committed the instant crime during the period of probation, despite being sentenced to the imprisonment for six months on October 13, 201 with prison labor for the crime of drunk driving on October 13, 201.

The blood alcohol concentration of this case is 0.132% high.

In light of this, there is a need to punish the defendant strictly.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the sentencing of the lower court is not deemed to be unfair because the sentencing of the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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