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(영문) 대구지방법원 2020.10.23 2020노2587
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court determined the sentence against the Defendant by comprehensively taking into account the following circumstances favorable to the Defendant, and there is no special change in circumstances that could change the sentence following the pronouncement of the lower judgment.

In addition, considering the circumstances asserted by the Defendant in the statement of grounds of appeal (such as the circumstances leading to the driving of the Defendant under the influence of alcohol in this case, and the fact that the detention of the Defendant causes a enormous impediment to the cultivation of shot mushroom, etc.), and the age, character, character, environment, means and result of the instant argument, it is not recognized that the lower court’s punishment is too unreasonable, even if examining the various sentencing conditions specified in the instant argument, such as the

The favorable circumstances shows the attitude of the defendant to recognize and reflect his mistake.

The defendant, as a physically disabled person, supports a baby while having a good health condition due to urology, etc.

The defendant already committed the crime of drinking driving in this case even though he was sentenced to a fine or a suspended sentence of imprisonment on six occasions due to drinking driving.

It is judged that the purpose of criminal punishment can not be achieved so that the defendant's repeated act of drinking driving can no longer be punished by a fine or by the prior action of suspension of execution.

The blood alcohol concentration of the instant case also significantly high.

Defendant has criminal records of not less than 20 times.

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

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