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(영문) 대구지방법원 2013.06.20 2013노486
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. The decision-making defendant has committed a crime in depth and has not committed a second offense.

At the time of the instant case, the Defendant was under long-term hospital treatment by negligence of the other party, and was unable to support her mother who has difficulty in living.

However, in 2005, the Defendant had a record of criminal punishment on several occasions, including the punishment of a fine for driving without a license for drinking, and the Defendant’s blood alcohol concentration at the time of committing the instant crime was very high by 0.219%.

In addition, considering the age, character and conduct, environment, 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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