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(영문) 대구지방법원 2019.07.19 2019노1836
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. Determination is recognized that the Defendant’s recognition of and reflects on the instant crime, that the Defendant’s vehicle is covered by a comprehensive insurance, that is being treated after undergoing a liver cancer surgery on November 2018, and that the Defendant has no criminal record of imprisonment.

However, in this case, it is recognized that the defendant was under the influence of alcohol while driving a motor vehicle while driving a motor vehicle while normal driving is difficult, and that there is a criminal record of a total of four times of punishment including two times of suspension of sentence due to driving under the influence of alcohol, which requires strict punishment. In this case, the defendant's blood alcohol concentration is high to 0.180%, the defendant's blood alcohol concentration is high to 0.180%, the defendant was unable to agree with the victim, and the defendant had been under the influence of alcohol and

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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