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(영문) 대구지방법원 2019.06.14 2019노1202
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. It is recognized that: (a) the Defendant recognized the instant crime; (b) the distance of drinking and unlicensed driving is shorter than 1m; (c) the Defendant did not have any criminal record; (d) the Defendant was detained in the instant case on March 28, 2019; and (c) the time during which the Defendant was able to live in prison for about two months; and (d) the place where the Defendant was in a position to support an undecent front state due to the use of the relevant rock.

However, it is recognized that the Defendant had already been convicted of a total of three times of punishment, including one time of suspended sentence due to drinking driving, and the Defendant was sentenced to a two-year suspended sentence on February 3, 2017 due to drinking driving, which became final and conclusive on February 3, 2017. The Defendant committed the instant crime during the suspended sentence, the Defendant’s blood alcohol concentration is higher than 0.131%, and the instant traffic accident also occurred due to the instant traffic accident.

In addition, considering the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments of this case, 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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