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(영문) 대구고등법원 2013.04.04 2013노81
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 original court (six months of imprisonment) is too unreasonable;

2. The circumstances favorable to the defendant, such as the fact that the defendant recognized his criminal act and reflecteds the wrong, scrapped the error in this case, there is a family member to support the defendant, and the defendant's spouse wanting to take the defendant's preference, etc.

However, the defendant has been punished several times due to drinking driving, and the suspension of the execution is also two times.

On September 16, 2010, the Defendant was sentenced to a two-year suspended sentence of imprisonment for eight months on the part of a drunk driving and re-driving the instant drinking driving only for about two months after the grace period has expired.

The blood alcohol concentration level at the time of driving under the influence of alcohol in this case is 0.165% high.

All these circumstances are disadvantageous to the defendant.

In addition to this point, the sentence of the court below is too unreasonable in light of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, and circumstances after the crime, etc.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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