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(영문) 대구지방법원 2020.09.11 2020노1947
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court determined that the Defendant was sentenced to punishment in consideration of various circumstances such as the sentencing reasons in its holding (such as the fact that the Defendant was punished three times for the same crime, the previous punishment power is the suspended sentence of imprisonment with prison labor, the completion period of the suspended sentence is one year, and even if the Defendant was in only one year, it constitutes the driving under the instant case again, and the blood alcohol level belongs to the higher level). There is no special change in circumstances that could change the sentence of the lower court after the sentence of the lower judgment was sentenced.

In addition, even if examining the defendant's age, character and conduct, environment, motive and background of the crime, means and result of the crime, the circumstances after the crime, etc., as shown in the argument of this case, it is not recognized that the sentencing of the court below is too unreasonable.

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

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