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(영문) 대구지방법원 2018.10.19 2018노2997
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects the defendant, the defendant's health condition is not good, and the defendant's living together wants to find the defendant's wife.

However, it is recognized that the Defendant committed the instant crime during a repeated crime due to a violation of the Road Traffic Act (driving), etc. on December 2, 2017. In particular, the Defendant again committed the crime of driving without a driver’s license on March 5, 2018 while being investigated by committing the crime of driving without a driver’s license on March 5, 2018. The Defendant committed the crime of driving without a driver’s license on March 5, 2018 with a blood alcohol concentration of 0.213% at the time of driving on March 5, 2018. The Defendant instigated a female living together to make a false statement to an investigative agency on March 5, 2018.

In addition, in full view of the various circumstances that are conditions for sentencing, such as 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 of the lower court, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, 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. It is so decided as per Disposition.

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