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(영문) 대구지방법원 2016.12.15 2016노1905
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended sentence, one hundred and twenty hours of community service order, and forty hours of order to attend a compliance driving lecture) is too unreasonable.

2. The Defendant, who recognized the facts charged, reflects the facts charged, and the Defendant’s main figures want to have his wife against the Defendant.

However, the blood alcohol concentration of this case is considerably high as 0.121%, and the defendant has already been punished five times due to drunk driving.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, environment, character and conduct, and circumstances after committing the crime, the lower court’s sentence is not deemed 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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