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(영문) 대구지방법원 2019.09.20 2019노2748
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the court below to the defendant (eight months of imprisonment) is too unreasonable, because of the gist of the grounds for appeal

(A) On February 2, 200, it is recognized that the defendant's judgment recognized all of the crimes of this case and reflects it, recidivism is conducted, the defendant's health status is not good, and the family and scarcity of the defendant's wife want to be taken.

However, it is also recognized that the defendant has already been punished seven times in total due to drunk driving (one time of imprisonment), including a prison term of six months, and that the risk of recidivism exists in light of the repetition of drunk driving, and that the blood alcohol concentration in this case is very high to 0.221%.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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

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