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(영문) 대구지방법원 2017.11.09 2017노3988
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. The Defendant was committing a crime, against the wrongness, and the Defendant did not repeat again while disposing of the vehicle used for committing the crime.

However, the defendant has already been punished three times due to drinking driving, and in particular, on January 24, 2017, the Daegu District Court sentenced the 2-year suspended sentence to the 6-month suspended sentence due to the violation of road traffic law (drinking driving) at the Daegu District Court on June 24, 2017. However, it is highly likely to criticize the driving of the vehicle in that it drives the vehicle without the driver's license for only 4 months in 0.18% in blood alcohol level without the driver's license for the vehicle.

In light of the above circumstances and other conditions of sentencing indicated in the records, such as Defendant’s age, sexual conduct, environment, and circumstances after the crime, and the circumstances after the crime, where there is no change in the conditions of sentencing compared to the first instance court and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), the lower court’s punishment is too unreasonable as it is too unreasonable.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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