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(영문) 대구지방법원 2014.02.13 2013노4123
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months and the fine of one million won) is too unreasonable.

2. The decision-making defendant has committed a crime in depth and has not committed a second offense.

The defendant is suffering from economic difficulties due to his father's death after his failure of business, and the mother of the defendant whose health is not good due to his detention, suffers from difficulties in his living.

However, the defendant has been under criminal punishment several times for the same crime, and has committed the crime of this case during the period of repeated crime due to the violation of the Electronic Financial Transactions Act.

At the time of driving under the influence of alcohol in this case, the blood alcohol concentration of the defendant was 0.081%, and left the service for public interest without justifiable grounds.

In addition, the sentence imposed on a similar case shall not be deemed unfair because the sentence imposed by the court below is too unreasonable in full view of all the sentencing conditions shown in the records and pleadings, such as equity, age, character and conduct, environment, etc. of the defendant.

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

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