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(영문) 대구지방법원 2020.04.24 2019노5193
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and one year and eight months) of the lower court is too unreasonable.

2. It is recognized that the judgment defendant reflects the Defendant’s depth on the instant crime.

However, the defendant had been punished four times since 2005, and at the time of the crime of this case, he was sentenced to imprisonment with prison labor for the violation of the Road Traffic Act due to drinking driving in 2017 and was under suspension of execution for six months.

In addition, considering the sentencing factors such as the Defendant’s age, character and conduct, environment, motive and means of crime, circumstances after the crime, etc., the sentencing of the lower court is too remote and it does not seem to have exceeded the reasonable scope of discretion, and it is difficult to view that the Defendant’s blood alcohol content is high as 0.110% at the time of the instant crime, and there is no reason to consider driving circumstances.

In addition, there is no evidence about the special circumstances that will change the sentencing of the court below in the trial.

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed on the ground that it is without merit.

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