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(영문) 대구지방법원 2016.11.03 2016노3590
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The Defendant recognized the facts charged and reflected in the facts charged, and the distance from driving in the drinking condition in this case is short.

However, on November 28, 2013, the Defendant was sentenced to a four-time fine due to drunk driving, a punishment for a suspended sentence of around 2008, and a suspended sentence of around 2010, and the Defendant was sentenced to a three-year sentence of a suspended sentence on October 28, 2013, which was sentenced to a two-year sentence of a suspended sentence.

Nevertheless, the Defendant committed the instant crime during the suspended execution period, and the blood alcohol concentration is also high to 0.186%.

In light of this point, it is inevitable to sentence sentence even when considering various circumstances alleged by the Defendant in this case.

In full view of the statutory punishment, the punishment imposed by the Road Traffic Act, the equity of the criminal defendant, the age, character and conduct, the environment, and all the sentencing conditions shown in the records and arguments, the sentence of the court below is not deemed 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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