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(영문) 대구지방법원 2019.09.27 2019노2958
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 the judgment of the defendant recognized all of the crimes of this case and reflected, that the distance driven in this case is not less than 300 meters, and that there is a conspiracy to support the defendant.

However, the Defendant already committed the instant crime during the period of probation, which was sentenced to a suspended sentence of five times in total, including two times a suspended sentence due to drunk driving, and two times a person without a license. In particular, the Defendant committed the instant crime during the period of probation, which became final and conclusive on April 12, 2018 by a two-year suspended sentence of imprisonment for drinking driving on April 12, 2018, and is likely to pose a risk of recidivism in light of the repetition of drunk driving. In this case, the Defendant’s blood alcohol concentration is very high to 0.180

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court 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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