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(영문) 대구지방법원 2013.11.14 2013노1930
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court (two months of imprisonment, two years of suspended execution, and forty hours of attending each of the compliance driving lectures and alcohol treatment lectures) is too unreasonable.

2. The judgment is that the defendant repents the mistake of the crime of this case, and there are circumstances such as the disability of class 6.

However, drinking driving is a serious crime threatening the life and body of himself and others, and the defendant has committed the crime of this case again even though he has been punished several times due to drinking driving (the actual punishment, suspended execution, and fine).

Blood alcohol concentration was also 0.191% higher.

In addition, examining the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, method and consequence of the instant crime, etc., and the sentencing conditions indicated in the instant records and pleadings, it is difficult to deem that the lower court’s punishment 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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