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(영문) 대구지방법원 2020.02.06 2019노4346
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (two years of imprisonment) is too unreasonable.

2. The Defendant acknowledges a mistake and reflects his gender.

However, the defendant has been sentenced to a suspended sentence of imprisonment for the same crime and has been punished several times, and committed each crime on May 9, 2019 and August 2, 2019.

At the time of each crime, the blood alcohol concentration of the defendant reaches 0.183% and 0.213%.

In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, 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 lower court’s sentencing is not unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

(The lower court’s application of Article 148-2(1)1 of the Road Traffic Act to the 3th 10th 3th 10 of the Act and the 148-2(1)1th 3th 11th 11th of the same Act is clear that it is a clerical error in each of the “Article 148-2(1) of the Road Traffic Act.” Thus, ex officio correction is made pursuant

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