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(영문) 대구지방법원 2014.05.01 2014노430
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant is in line with his depth and reflects the crime of this case, and does not repeat the crime by disposing of the vehicle, etc.

However, on January 12, 2011, the Defendant had been punished several times due to drinking, unlicensed driving, etc., and was sentenced to imprisonment for eight months due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (doing vehicles). On July 24, 2011, the Defendant committed the instant crime even though he was sentenced to one fine due to non-licensed driving and the crime of violation of the Road Traffic Act during the period of repeated crime, even though he was sentenced to one time due to the non-licensed driving and the crime of violation of the Road Traffic Act.

The crime of this case is deemed to have been committed in a relatively high state with the blood alcohol concentration of 0.120% on a non-license and caused an accident that conflicts with the central separation zone.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, it cannot be said that the sentence imposed by the court below is too unreasonable.

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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