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(영문) 대구지방법원 2021.01.26 2020노1529

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (15 million won in penalty) is too unhued and unreasonable.

2. The judgment below seems to have sentenced the above punishment by comprehensively taking into account the circumstances favorable to the defendant (the fact that the defendant recognized all the crimes in this case, repents and reflects his mistake, and that the defendant sold the vehicle operated by the defendant while the defendant does not repeat again) and unfavorable circumstances (the fact that the defendant was punished by a fine in 2015 and 2018 due to drinking driving, and that the defendant again committed the crime in this case, and that the defendant's blood alcohol concentration is considerably high at the time of driving, etc.).

The sentencing of the court below is appropriate in light of the aforementioned various sentencing grounds and the defendant's age, career, sex, environment, family relation, motive and background of the crime, the means and consequence of the crime, the circumstances after the crime, and other circumstances that can be known by the records, and there are no special circumstances or changes in circumstances that the court below would change the punishment against the defendant, and the sentencing of the court below was abused or deviates from the limits of discretion.

shall not be deemed to exist.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.