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(영문) 대구지방법원 2021.03.09 2020노2490
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and six months of imprisonment, three years of suspended execution, observation of protection, community service, and order to attend a lecture) is too unreasonable.

2. The judgment below seems to have sentenced the above punishment by comprehensively taking into account the following factors: (a) the circumstances favorable to the defendant (a) and unfavorable circumstances (the nature of the crime is inferior in light of the substance of the crime; and (b) the record of having been sentenced to the suspension of the execution of imprisonment by failing to rescue the injured party who was under the influence of alcohol due to driving in 2015; (c) the crime of this case was committed again; and (d) the alcohol concentration level in the blood at the time of the crime is very high).

In light of the aforementioned several sentencing grounds and the fact that the Defendant appears to have paid the victim the amount of damage at the investigation stage, the Defendant’s age, career, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, circumstances after the crime, and other circumstances that could have been known by the record, and there are no special circumstances or changes in circumstances that the lower court would change the punishment that the Defendant determined in the trial after the crime, even if considering the Defendant’s health and economic circumstances, etc., the lower court’s sentencing added social service work, etc. is appropriate, and that the lower court abused its discretion or deviates from the limits of discretion.

shall not be deemed to exist.

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 groundless.

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