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(영문) 대구지방법원 2016.09.08 2016노2311
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The Defendant is against the Defendant who recognized the facts charged.

However, the Defendant committed the instant crime during the suspension period due to drinking driving, etc., and the blood alcohol content of the instant case belongs to 0.124% higher, and the distance of the Defendant’s driving is about 10km.

In addition, the defendant has caused a traffic accident while driving without a license for drinking alcohol in this case, and the defendant has already been punished four times due to a drinking without a license and one time due to a driving without a license.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, environment, character and conduct, and circumstances after committing the crime, the lower court’s sentence is not deemed 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.

(Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act" in Part 2 of the original decision is clear that it is a clerical error in Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, and it shall be corrected ex officio).

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