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(영문) 대구지방법원 2018.12.13 2018노3863
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year and four months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant had a record of having been punished several times for the same type of crime, such as drinking and non-licensed driving, and, in particular, after the execution of imprisonment was completed due to drinking and non-licensed driving, the Defendant committed the instant crime during the period of repeated crime.

At the time of driving the instant drinking, alcohol concentration reaches 0.281%.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment, the sentencing of the lower court is not unfair.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.

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