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(영문) 대구지방법원 2013.06.13 2013노397
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, 40 hours of compliance driving lecture, and 80 hours of social service) that the court below made is too unreasonable.

2. The decision-making defendant has a strong pening and does not repeat the crime, and is currently being a personal rehabilitation.

However, even though the Defendant had been punished several times due to drinking and driving without a license, the Defendant committed the instant crime of driving without a license. At the time of the instant crime, the Defendant’s blood alcohol concentration was considerably high by 0.138%.

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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