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(영문) 대구지방법원 2016.06.02 2015노1152
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of the execution of two years, the community service order 160 hours, the order to attend a law enforcement lecture 40 hours) is too unreasonable.

2. The Defendant is against the Defendant’s confession of the facts charged, and the distance from driving of the instant vehicle is about 400 meters.

However, the alcohol concentration among the blood of this case is not low as 0.126%, and the defendant has been punished for driving alcohol 4 times, and two times the records of punishment for driving without a license are punished for driving alcohol.

In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.

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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