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(영문) 대구지방법원 2014.02.20 2014노104
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The distance of the Defendant’s driving is relatively short, and the offense of this case is divided and reflected, and there is a family member to support.

However, the defendant has been punished several times due to the same crime (the punishment, the suspension of execution, and the fine), and again committed the crime of this case during the period of repeated crime.

Drinking or unlicensed driving is a serious crime threatening the life and body of himself/herself and others, and the blood alcohol concentration at the time is 0.083%, which is not easy to take.

In addition, examining the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, method and consequence of the instant crime, etc., and the sentencing conditions indicated in the instant records and pleadings, it is difficult to deem that the lower court’s punishment is too unreasonable.

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

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