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(영문) 대구지방법원 2018.01.25 2017노3827
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence, two years of probation observation, two hundred hours of community service, and forty hours of lectures of compliance driving) is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s acknowledgement of the instant crime and reflection of the instant crime.

However, in June 201, the Defendant was sentenced to a fine of KRW 10 million in the year 201 and a fine of KRW 20 million in the year 2013 and was sentenced to a punishment for drinking driving six times. In particular, even though he was sentenced to a fine for re-offending of drinking that was committed during the same period of probation in 2013, the Defendant committed the instant crime by driving under the influence of drinking again and committing the instant crime.

In light of the above unfavorable circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, background leading to the commission of the crime, circumstances after the commission of the crime, etc., and the fact that it is reasonable to respect the sentencing of the first instance court where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), etc., the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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