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(영문) 대구지방법원 2019.03.29 2019노197
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment defendant acknowledges, reflects, and does not repeat his crime; the defendant was living together at the time of the crime of this case; the defendant supported his family through daily work; and there is no criminal conviction.

However, it is recognized that the defendant had been punished for drinking driving more than seven times including one suspended sentence, and the defendant was sentenced to a suspended sentence of six months for the violation of the Road Traffic Act at the Daegu District Court on May 12, 2016, and committed the instant crime during the suspended sentence period. At the time of the instant case, the blood alcohol concentration of the defendant was considerably higher than 0.117% and was even driving without a unauthorized license.

In addition, considering various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, it is not recognized that the sentence imposed by the court below 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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