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(영문) 대구지방법원 2019.04.26 2019노774
도로교통법위반(음주운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

It is recognized that the Defendant had a total of seven criminal punishment, including three times of suspended sentence due to drinking driving, and that the Defendant’s blood alcohol concentration at the time of the instant case is very high to 0.224%, and that the nature of the instant crime is not good.

However, it is also recognized that the defendant recognized the crime of this case and reflects the fact that there was no personal and material damage, such as traffic accidents, etc. in this case, that there was no criminal record of the defendant, that the defendant did not commit a crime, that the defendant disposed of the vehicle and would not repeat the crime, that the defendant must support his family, including a good health, the fact that the economic situation is not good, and that the defendant's will have a preference against the defendant.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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