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(영문) 대구지방법원 2020.04.24 2020노467
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two months) of the lower court is too unreasonable.

2. It is recognized that the judgment of the court below is based on the following: (a) the Defendant disposed of the vehicle in order to prevent recidivism while against the crime; (b) the mother is hospitalized in a convalescent hospital due to dementia; and (c) the Defendant needs to support the Defendant; and (d) the Defendant must return to the previous

However, the lower court determined the sentence by comprehensively taking account of various circumstances unfavorable to the Defendant, such as the above favorable circumstances to the Defendant, the criminal records of the Defendant’s drunk driving, the high drinking level of the instant crime, and the fact that the Defendant committed the same kind of crime in this case after the judgment of the previous suspended execution became final and conclusive, and there was no new circumstance to change the sentence of the lower court in the trial.

In addition, even if considering all the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of crime, and circumstances after the crime, the sentencing of the lower court seems to have exceeded the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed.

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