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(영문) 대구지방법원 2020.07.24 2020노1417
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the defendant's mistake is divided, and that the defendant is not subject to punishment.

However, even though the defendant had been punished 7 times as drinking driving, including two times a suspended sentence of imprisonment with prison labor, and again, the defendant has a number of penalties for various crimes, such as frauds, in addition to the above penal power, and there is no special change in circumstances to change the sentence after the decision of the court below, and even if examining the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, various sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, it is not recognized that the

3. According to the conclusion, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the ground that there is no reason for the appeal, and it is apparent that the entry of “the application of the Act” on the upper part of “the pertinent Article of the Act and the choice of the punishment for 1. Criminal Crimes” in the second part of the judgment of the court below is omitted by mistake. Thus, it is corrected

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