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(영문) 대구고등법원 2012.12.27 2012노615
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the original court (six months of imprisonment) is too unreasonable;

2. The circumstances favorable to the Defendant, such as the fact that the Defendant recognized his criminal act and reflects the wrongness, that the blood alcohol concentration at the time of the pertinent drunk driving was not higher than 0.092%, and that it is the most likely that the wife and two children should be supported.

However, the defendant has been punished several times due to the same drinking or non-licensed driving, and in particular, on December 28, 201, he/she was sentenced to the suspension of the execution of imprisonment for 6 months due to the violation of the Road Traffic Act on December 28, 201, and was sentenced to the suspension of the execution on January 5, 2012, which became final and conclusive on January 5, 2012, and again carried out the pertinent drinking or non-

In addition, on February 9, 2012, when driving without a license, the crime of this case was committed again even though a fine of KRW 3 million was imposed.

In addition, the defendant did not have obtained the driver's license at the beginning.

All these circumstances are disadvantageous to the defendant.

In addition to this point, the sentence of the court below is too unreasonable in light of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, and circumstances after the crime, etc.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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