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(영문) 대구지방법원 2018.01.18 2017노4647
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant was committing a crime, against the wrongness, and the Defendant did not repeat again.

However, the defendant has already been sentenced to four times due to drinking driving, and in particular, in the Daegu District Court's resident support on August 25, 2015, the defendant was sentenced to imprisonment for one year of suspension of execution due to the violation of road traffic law (drinking driving) and was sentenced to a two-year suspension of execution. However, the above judgment was still in the grace period, but it has not been long since the date of the final decision, making a reduction of driving without a driver's license and repeated arrest during the designated number of times.

In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, health, environment, and circumstances after the crime, and in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), the lower court’s punishment is too unreasonable.

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

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