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(영문) 대구지방법원 2021.01.29 2020노3524
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The lower court determined as follows: (a) the Defendant had the history of having been punished four times due to driving under the influence of alcohol and six times due to driving without a license; (b) the Defendant had been sentenced to a suspended sentence of imprisonment twice; (c) in addition, the Defendant had been sentenced to a fine even though he had been sentenced to a fine in 2019 when driving under the same time; and (d) the Defendant was sentenced to a fine even though he was sentenced to a fine in 2019; (c) the alcohol concentration in blood at the time of the instant crime is considerably high to 0.133%; (d) the Defendant’s escape from the vehicle parked at the time of the instant crime; and (e) the Defendant did not have any good condition after the instant crime, comprehensively taking into account these circumstances, the Defendant’s attitude against the Defendant or supported the mother, etc., but all favorable circumstances asserted by the Defendant were determined to reduce the maximum amount of punishment under the law.

In addition to the circumstances indicated by the court below, no new circumstance exists to change the sentence of the court below in the court below, and even considering the defendant's age, sex, environment, motive and means of the crime, circumstances after the crime, etc., the sentencing of the court below is too unreasonable.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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