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(영문) 대구지방법원 2020.01.17 2019노4392
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects the defendant, there is no criminal record, there is a family member to support the defendant, the family member of the defendant wanting to leave his wife, and there are circumstances to consider the driving circumstances of this case.

However, in this case, the blood alcohol level of the Defendant is 0.126%, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment for the crime, it is also recognized that the Defendant is in need of criminal punishment corresponding to the repeated crime in order to improve the order of road traffic.

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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