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(영문) 대구지방법원 2015.09.10 2015노2442
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 judgment of the defendant reflects the error of the crime of this case in depth and does not repeat the crime while disposing of the vehicle, and there is no record of criminal punishment exceeding the suspended sentence.

When a sentence is finalized due to the instant crime, the circumstances are also recognized that the sentence should be imposed together to the punishment for which suspended sentence has been invalidated and suspended.

However, the defendant committed the crime of this case even though he had been punished several times for the same kind of case including suspended execution.

The Defendant, while running a drunk driving prior to the instant crime, was sentenced to a suspended sentence due to the instant crime committed while flying an accident, and was in the period of the suspended sentence, and without being aware of it during the period of the suspended sentence, committed the instant crime again in a short time, and the nature of the instant crime

In this case, the defendant's blood alcohol level was 0.176% higher than the defendant's blood alcohol level while driving a drinking or without a license.

In light of the above criminal records of the defendant, the risk of recidivism is high, and the content of the crime of this case cannot be deemed to be somewhat weak, so it is inevitable to sentence the defendant to the punishment.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence of the court below cannot be deemed to be 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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