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(영문) 대구지방법원 2019.02.01 2018노4349
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the judgment of the defendant recognized the crime of this case, suffered from liveration, etc. and health conditions are not good, and that human and physical damage has not occurred due to driving without a license for drinking alcohol of this case.

However, it is also recognized that the defendant has already been punished six times in total due to the crime of driving without a license for the same kind of alcohol, in particular, the defendant's blood alcohol concentration at the time of the instant case is 0.226% high.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, 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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