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(영문) 대구지방법원 2013.10.31 2013노2605
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The judgment that the defendant did not want the punishment of the defendant under the agreement with the victim, and is against the victim while breaking the mistake of the crime of this case.

However, drinking driving is a serious crime threatening the life and body of himself and others, and the defendant has been punished several times due to drinking and driving without a license, but has committed the crime of this case again during the period of repeated crime due to the same crime (the period of suspended execution due to the same crime is also the period of suspended execution).

At the time, blood alcohol concentration was 0.188% higher.

In addition, examining the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, the method and consequence of the instant crime, and the conditions of sentencing indicated in the records and pleadings, such as the circumstances before and after the instant crime, it is difficult to deem that the lower court’s punishment 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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