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(영문) 대구지방법원 2019.04.26 2019노797
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the Defendant recognized the instant crime and reflected in the recognition of the instant crime, the fact that the Defendant scraped the vehicle to prevent recidivism, the fact that there is a history of surgery by liver cancer, the need for continuous medical treatment due to the inter-cell cancer, etc., there is no penalty penalty, the Defendant’s family members want to take the lead, the occurrence of personal and physical damage, such as a traffic accident, etc., due to the instant crime, and there are some circumstances that may be somewhat considered in the course of committing the instant crime.

However, it is also recognized that the defendant has already been punished five times in total due to the crime of drunk driving, including two times of suspended sentence due to the crime of drunk driving, that the blood alcohol concentration at the time of the instant case is higher than 0.187%, and that the defendant who continues to drive under the influence of alcohol is in need of strict punishment.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is without merit, and 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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