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(영문) 대구고등법원 2012.12.27 2012노608
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant is divided into wrongs, and again, the defendant does not drive under the influence of alcohol.

The crime of this case was conducted simply by drinking.

The defendant has a mother who is not good in health and is responsible for supporting him.

These circumstances are favorable to the defendant.

However, the defendant has been sentenced to a suspended sentence of imprisonment and a sentence of imprisonment through a crime of drinking driving.

In particular, the crime of this case is committed in about one year and three months from the time when he/she was sentenced to six months of imprisonment for a crime of drinking driving in 2010 and the term of punishment expires, and constitutes a repeated crime.

The blood alcohol concentration of this case is very high to 0.266%.

In light of this, there is a need to punish the defendant strictly.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the sentencing of the lower court is not deemed to be unfair because the sentencing of the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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