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(영문) 대구지방법원 2016.04.14 2015노1404
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of the execution of two years, the community service order60 hours, the order to attend a course 40 hours) is too unreasonable.

2. The Defendant, who made a confession of the facts charged, scrapped his vehicle with the intention of not driving alcohol any longer.

However, the alcohol concentration in the blood of this case is not lower than 0.131%, and the record of punishment for drinking driving is three times, and a traffic accident occurred due to driving of this case.

In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.

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

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