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(영문) 대구지방법원 2016.12.22 2016노4462
도로교통법위반(음주운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the main point of the grounds for appeal is too small for the court below's punishment (eight months of imprisonment), and that the prosecutor is too unhued and unreasonable.

2. On the one hand, the defendant had been punished for drinking or non-licensed driving since around 200 only five times (in the case of a fine four times, a suspended sentence one time). The defendant committed the crime of this case during the suspended execution period due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and it is recognized that the blood alcohol content of this case is high as 0.160%.

However, in full view of all the circumstances in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the sentence imposed by the lower court is deemed appropriate, and it is not deemed unfair because it is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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