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(영문) 대구지방법원 2019.03.21 2019노79
도로교통법위반(음주운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the sentencing of the court below (six months of imprisonment) is too uncomfortable, and the prosecutor is too unfortunate and unfair.

2. The judgment defendant has a total of five times of punishment, including a stay of imprisonment with prison labor for the same kind of crime such as drunk driving.

In particular, around October 12, 2014, during the suspension period of the sentence of imprisonment due to drinking driving, etc., the blood alcohol level of 0.176% was under the influence of alcohol, and as a result, even though the suspension of the execution of imprisonment was again sentenced, the pertinent drinking driving was under the influence of alcohol due to the termination of the suspension period.

The blood alcohol concentration at the time of the pertinent drunk driving exceeds 0.2%.

On the other hand, the defendant is seriously against his mistake, and driving a short distance upon receiving a request to move a parked vehicle.

In addition, comprehensively taking account 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 lower judgment, the sentencing of the lower court is not unfair.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.

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