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(영문) 대구지방법원 2019.02.15 2018노4432
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. It is recognized that the Defendant’s recognition of the instant crime and reflects on the Defendant’s family members, and that the Defendant’s blood alcohol concentration at the time of the instant case was relatively high by 0.095%.

However, it is also recognized that the defendant has already been punished six times in total, including the suspension of the execution of the same crime, and the occurrence of the traffic accident at the time of the driving of the case.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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