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(영문) 대구지방법원 2016.10.27 2016노3528
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The Defendant, who recognized the facts charged, runs against the Defendant.

However, on October 2, 2014, the Defendant had been punished three times due to drinking driving, etc. (two times a fine, one time a suspended sentence), and on October 2, 2014, the Defendant was sentenced to a suspended sentence of ten months, and committed the instant crime during the suspended sentence.

Drinking driving is a serious crime threatening the life and body of himself/herself and others, and the blood alcohol concentration of this case is 0.106% high.

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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