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(영문) 대구지방법원 2017.09.07 2017노1343
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. The Defendant, who committed a crime, reflects the wrongness while committing the crime, and again, commits a second offense.

However, even though the Defendant had already been punished several times due to drinking and unlicensed driving, he drives a vehicle with a high alcohol level of 0.140% without a driver's license in blood without a driver's license, and the crime of this case was discovered in the course of the process that the Defendant caused an accident involving parked vehicles and could lead to a big accident. Thus, the crime of this case is not easy.

In full view of the above circumstances and other conditions of sentencing as shown in the records and arguments, such as the character and conduct, the environment, and the circumstances after the crime, and the circumstances where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), etc., 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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