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(영문) 대구지방법원 2019.01.11 2018노4067
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. It is recognized that the defendant recognized the crime of this case and supported the birth of the same with the mother and the physically handicapped.

However, it is recognized that the defendant has already been punished twice by a fine for the violation of the Road Traffic Act (driving) and the punishment for the suspension of the execution of imprisonment three times, and that the defendant's blood alcohol concentration at the time of the instant case is relatively high to 0.105%.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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

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