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(영문) 대구지방법원 2016.09.22 2015노5238
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the community service order 80 hours, the lecture order 40 hours) is too unreasonable.

2. The Defendant recognized the facts charged and reflected in the facts charged, and the vehicle driven by the Defendant is covered by the comprehensive motor vehicle insurance, and agreed with the victim.

However, the Defendant was punished twice due to drinking driving in 2010 and 2012, and committed the instant crime. In addition, driving under the influence of alcohol is a serious criminal threatening his/her life and body, the alcohol content of the instant blood is considerably high by 0.124%, and all of the sentencing conditions indicated in the records and arguments, including equity in the statutory punishment prescribed by the Road Traffic Act, the criminal punishment imposed on a similar case, the Defendant’s age, sex behavior, environment, etc., the lower court’s punishment is not recognized to be unfair due to its failure.

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

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