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(영문) 대구고등법원 2013.05.02 2012노595
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the lower court (two years of suspended execution in August, community service, 120 hours in community service, and 40 hours in the number of compliance driving lectures) is too unreasonable; or

2. The Defendant recognized all of the crimes and repented of the mistake.

The defendant is currently under the influence of liverer disease, and has a child to support.

These circumstances are favorable to the defendant.

However, before committing the instant crime, the Defendant has been punished for a fine twice due to a drunk driving or a non-licensed driving crime.

Even after the crime of this case was committed, the crime of drunk driving was committed and caused a traffic accident.

The blood alcohol concentration level at the time of driving under the influence of alcohol in this case is 0.280% high.

These circumstances are disadvantageous to the defendant.

In full view of such circumstances as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s sentence 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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