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(영문) 대구고등법원 2012.11.08 2012노307
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the original court (six months of imprisonment) is too unreasonable;

2. The judgment of the defendant reflects the defendant's wrong act, and the distance operated by the defendant at the time of driving under the influence of alcohol of this case is about 20 meters, the most likely support for two wife and children and the elderly, and the health status of the defendant is not good.

However, the defendant was sentenced to criminal punishment on several occasions due to the same kind of drinking or non-licensed driving, and in particular, on January 11, 201, the Daegu District Court sentenced two years of suspended sentence for the violation of the Road Traffic Act (driving) at the Daegu District Court on June 19, 201, and sentenced two years of suspended sentence for the violation of the Road Traffic Act, which became final and conclusive on January 19, 201, and again carried out drinking

The blood alcohol concentration at the time of drinking driving of this case is 0.127% higher.

In addition, the defendant caused a traffic accident due to drinking driving.

These circumstances are disadvantageous to the defendant.

In addition to this point, in full view of various circumstances, including the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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