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(영문) 대구고등법원 2012.10.25 2012노418
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. The Defendant recognized all of the crimes and repented of the mistake.

In the future, it will not be allowed to drive under the influence of alcohol or without a license.

Two children who have a physical disability and are responsible for supporting the accused.

Such circumstances are favorable to the defendant.

However, before committing the instant crime, the Defendant was punished by a fine, etc. four times as a result of the instant crime, such as drinking driving, etc., and in particular, on March 13, 2012, the Defendant was sentenced to a suspended sentence of eight months and a suspended sentence of two years and probation, etc.

As above, the Defendant committed the instant crime without being aware of the fact that he was under probation and was sentenced to a suspended sentence for two months from the date of the sentence.

The blood alcohol concentration level of the instant crime is not less than 0.103% that is less than that of the instant crime.

In light of these circumstances, it is necessary to strictly punish the defendant.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the sentencing of the lower court is not deemed to be unfair because the sentencing of the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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