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(영문) 대구지방법원 2014.12.30 2014노4021

The defendant's appeal is dismissed.


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

2. The judgment of the accused does not repeat the crime by reflecting the error of the crime in depth, and the victim has not been punished against the defendant by mutual consent with the victim.

The defendant is living in his/her place of residence, supports the mother and wife who are not healthy, and the family members of the defendant want to take the action against the defendant.

However, the defendant has been punished for several crimes related to drinking, driving without a license, and traffic (two times a suspended sentence, five times a fine), and was punished for traffic accidents during drinking in 201, and was punished by a fine for drinking and driving without a license in 2013, and was punished by a fine in 2013, the defendant committed the crime of this case with the same vehicle at the same time.

The drinking-free driver's license was involved in driving without a license, and the nature of the crime is heavy to the victim's injury.

In addition, considering the age, character and conduct, environment, risk of recidivism, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.