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(영문) 대구지방법원 2016.08.25 2016노2409
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 (six months of imprisonment) is too unreasonable.

2. The Defendant is against the Defendant who recognized the facts charged.

However, among the blood of this case, alcohol concentration is higher than 0.118%, and the defendant committed the crime of this case during the period of repeated crime due to the same crime, and the defendant has been punished seven times by driving under the influence of alcohol (including only once a actual sentence and twice a suspended sentence).

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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