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(영문) 대구지방법원 2015.07.09 2015노1886
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The Defendant recognized the mistake of the instant crime, and is in profoundly contradictory to the fact that the Defendant did not repeat the instant crime.

It is also recognized that the circumstances in which the defendant should support his children are the most.

However, the defendant has a record of criminal punishment on several occasions, including suspended sentence due to drinking driving.

On October 25, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Daegu District Court on October 25, 2012, and committed the instant crime on October 21, 2013, even after the execution of the sentence was completed, even during the period of repeated crime.

The blood alcohol concentration of the instant crime is higher than 0.175%, and the driving distance is 3 km, and the nature of the instant crime is hot.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

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

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