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(영문) 대구지방법원 2015.08.27 2015노1761
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The Defendant’s judgment is going to reflect in depth the mistake of the instant crime and not repeat the crime.

There is no history of criminal punishment exceeding the suspended sentence against the defendant, and the driving distance of the crime of this case is about 10 meters.

When the sentence of punishment becomes final and conclusive due to the instant crime, the sentence shall be returned to the punishment for which the previous suspension of execution has been invalidated and suspended, and it is also recognized that the Defendant is obliged to care for the elderly and the elderly with poor health.

However, the defendant committed the crime of this case even though he had been punished several times for the same kind of case including suspended execution.

The Defendant was punished by a fine with regard to drinking driving, which was committed during the suspension period prior to the instant crime, even if he was punished by a fine, and the nature of the instant crime is heavy.

The Defendant caused a traffic accident while driving a drinking or unlicensed driving, and the blood alcohol level of the instant blood alcohol level was 0.170%.

In light of the above criminal records of the defendant, the risk of recidivism is high, and considering the quality of the crime of this case, the sentence of imprisonment against the defendant is inevitable.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence of the court below cannot be deemed to be 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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