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(영문) 대구지방법원 2017.05.25 2017노1190
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months and the confiscation) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflected the Defendant, and that the said victim did not want the punishment of the Defendant by mutual consent with the victim G of the crime of destroying special property.

However, in light of the following: (a) the Defendant was punished for a crime of drinking and violence (including two times of suspended sentence, one time of violent crime, and two times of suspended sentence) and (b) on June 12, 2014, the Defendant committed the instant crime of driving alcohol and the instant special property damage during the period of suspended execution after being sentenced to two years of suspended execution on the grounds of the crime of injury in the court on June 12, 2014; (c) the Defendant’s age, sex, occupation, environment, family relationship, circumstances leading to the crime, etc.; (d) the sentencing conditions indicated in the records, such as the Defendant’s age, sex, occupation, family relationship, circumstances after the crime, etc.; and (e) the first instance court’s sentencing does not change in the sentencing conditions; and (e) it is reasonable to respect the sentence if the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

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

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