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(영문) 대구지방법원 2015.11.26 2015노3663
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., punishment No. 1 in the original judgment: imprisonment with prison labor for three months and imprisonment for eight months) of the lower court is too unreasonable.

2. The Defendant recognized the mistake of the instant crime and did not repeat the instant crime in depth.

In the case of the crime of Article 1 of the decision of the court below, it is necessary to consider equality in the case where the judgment has been received at the same time in relation to the crime for which the judgment of the court below has become final and the latter part of Article 37 of the Criminal Act, and the defendant supports a

However, the defendant had a record of criminal punishment on several occasions, including suspended sentence due to driving under drinking or non-exclusive license, and has committed the crime of Article 2 of the judgment of the court below without being aware of the fact that he/she is currently under suspended sentence due to the same crime.

The blood alcohol level of the instant crime is 0.207%, 0.217%, and the quality of the instant crime is also poor.

In light of the criminal records of the defendant and the contents of the crime of this case, the sentence against the defendant is inevitable, and there are no new data or changes in circumstances that can be considered in sentencing after the judgment of the court

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 of the court below cannot be deemed to be 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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