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(영문) 대구지방법원 2017.04.20 2016노4423
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to four million won) is too unreasonable.

2. It is recognized that the circumstances such as the fact that the defendant's mistake is recognized and against the defendant, that the defendant has no record of being punished for the same crime, and that the defendant scrapped the vehicle used for the crime of this case.

However, this case, however, has caused an accident that the defendant was parked while driving a motor vehicle while driving a motor vehicle at the altitude of 0.158% in blood, and the fact of driving a motor vehicle was discovered in the process of dealing with it, and the degree of criticism is high in that the defendant could lead to a serious accident.

In light of the above circumstances and other conditions of sentencing as shown in the records and arguments, including the character and conduct, the environment, and the circumstances after the crime, and the circumstances where there is no change in the conditions of sentencing compared to the first instance court and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of the above circumstances, the lower court’s punishment is too unreasonable.

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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