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(영문) 대구지방법원 2014.01.23 2013노3764
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The decision-making defendant has committed a crime in depth and has not committed a second offense.

The detention of the defendant experienced difficulties in the living of the defendant, and the health of the defendant is not good.

However, the defendant had a record of being punished several times due to drinking and driving without a license, and even during the period of repeated crime, he committed the crime of this case.

At the time of the instant crime, the Defendant’s blood alcohol concentration is very high to 0.205%.

In addition, the sentence imposed on a similar case shall not be deemed unfair because the sentence imposed by the court below is too unreasonable in full view of all the sentencing conditions shown in the records and pleadings, such as equity, age, character and conduct, environment, etc. of the defendant.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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