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(영문) 대구지방법원 2020.06.12 2020노697
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The judgment below seems to have sentenced the above punishment by comprehensively taking into account the circumstances favorable to the defendant (abrupt and reflectiveness) and unfavorable circumstances (including imprisonment with prison labor for the same type and the same type of crime, as well as the history of having been already punished several times, and in particular, the crime of this case was committed without being aware of during the period of repeated crime, and the blood alcohol concentration is relatively high).

The court below's sentencing is appropriate in light of the grounds for various sentencing recognized above and the defendant's ordinary character and health conditions, the degree of property, family relation and social relationship, the circumstances after the crime, and other circumstances that can be known by the records, and the fact that there are no changes in circumstances that make it possible for the court below to change the punishment against the defendant in the first instance, and it cannot be deemed that the court below abused its discretion or exceeded its discretionary limit.

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

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