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(영문) 대구지방법원 2019.05.03 2019노1002
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment of the defendant recognized all of the crimes of this case and reflects, support the same with the mother who is not healthy due to a light signboard disorder, etc., and return the motor device bicycle of this case and repeat the recidivism.

However, it is also recognized that the defendant has already been punished by a fine due to a violation of the Road Traffic Act (unlicensed driving) and twice the previous convictions that were punished by a fine due to a violation of the Road Traffic Act (driving) and twice the previous convictions, and that the crime of this case has been committed two times consecutively during the repeated crime period, and caused a traffic accident, and that the blood alcohol concentration at the time of this case is very high at 0.180% and 0.171%.

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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