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(영문) 대구지방법원 2014.10.23 2014노2426
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the accused is in line with his/her depth and reflects the wrong conduct of the crime, and supports a good elderly who is not healthy, such as getting the deaf house in his/her place of residence and undergoing surgery with the warden.

In September 2013, the defendant also received surgery after having suffered a traffic accident and received treatment due to uneasiness, uneasiness, and so on.

However, the defendant has been punished several times due to the same crime (three times of suspended execution, four times of fine), and also committed the crime of this case during the period of suspended execution.

The drinking driving is a serious criminal threatening the life and body of himself/herself and others. At the time of committing the crime, the blood alcohol concentration of the defendant was very high to 0.2% or more.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

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

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