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(영문) 대구지방법원 2014.05.01 2014노840
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The Defendant, who judged that the crime was committed in depth, reflects himself and does not repeat the crime.

When this judgment becomes final and conclusive, the suspension of execution may be invalidated as follows.

However, the Defendant has been punished several times for crimes related to drinking, driving without a license, and traffic (the actual sentence, the suspended sentence, and the fine), and on May 14, 2013, the Defendant was sentenced to one year of imprisonment for drinking driving and two years of suspended sentence, and committed the instant crime during the suspended sentence.

It is inevitable to severely punish in that the alcohol level of blood alcohol level was considerably high by 0.183%.

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 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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