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(영문) 대구지방법원 2013.08.29 2013노1193
도로교통법위반(음주운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (one million won of a fine) imposed by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. There are circumstances such as: (a) the Defendant’s mistake in the instant crime is in transit, and reflects it in depth; and (b) scrapping the vehicle and not repeating it.

On the other hand, drinking driving is a serious crime threatening the life and body of himself and others, and the defendant has been punished several times due to drinking and driving without a license, but he again committed the crime of this case during the period of repeated crime even though there was a record of punishment (actual punishment, suspension of execution, and fine).

At the time, blood alcohol concentration was 0.171% higher.

In addition, examining the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, method and consequence of the instant crime, and the circumstances before and after the instant crime, etc., the sentence of the lower court is appropriate, and it cannot be deemed that the sentence is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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