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(영문) 대구지방법원 2020.02.14 2019노5066
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment, and three million won of fine) is too unreasonable.

2. It is recognized that the judgment of the defendant acknowledges and reflects all of the crimes of this case, suffers from alcohol dependence and depression, Defendant’s economic convenience is difficult, and F, a witness of the quasi-rape case, did not give particular harm to F.

However, it is also recognized that the defendant has already been convicted of total 6 times of punishment, including one suspended sentence of imprisonment due to driving without a license for drinking, and that he has been sentenced to a fine once due to an external driving without license, two times of a fine due to a driving without license, and that he has been sentenced to a total of 27 times of a punishment, including seven times of a sentence for a crime with no license, and that the defendant has committed the crime of this case during the period of a repeated offense.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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