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(영문) 대구지방법원 2019.02.15 2018노4569
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects the fact that the defendant's non-exclusive license driving of this case did not cause human and physical damage, and that the family members of the defendant want to have the defendant's wife.

However, it is also recognized that the defendant already had a total of 11 times punishment, including punishment for the same crime, and in particular, during the suspension period of execution due to the same violation of the Road Traffic Act (driving). At the time of the instant case, the defendant's blood alcohol concentration is very high to 0.253%.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is too unreasonable.

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

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