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(영문) 대구지방법원 2014.10.17 2014노553
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. It is recognized that the Defendant, who led to the confession of the crime, reflects his mistake, and that the Defendant is the most likely to support the disabled class 3 of the delayed disability cut off, the elderly and the wife, and the young children.

However, the defendant has been subject to criminal punishment on three occasions due to drinking driving (one-time type, one-time suspended sentence, and one-time fine), and in particular, the judgment sentenced on October 14, 2009 shall be from August 2009 to August 2009 by the defendant.

9. The criminal facts that have been punished for repeated driving, etc. three times during the period of suspension of performance of special duties, and the defendant committed the crime in this case without being aware of the fact that he had been under suspension of execution of duties due to the crime, etc., and the defendant's blood alcohol concentration is considerably high by 0.218%, and the defendant's blood alcohol concentration is also high by 0.218%, and the defendant's traffic accident has occurred under a non-license. In full view of other circumstances that are conditions for sentencing such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence, etc., it is not determined that

Therefore, the defendant's above assertion is without merit.

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

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