beta
(영문) 대구지방법원 2013.09.26 2013노2062

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The Defendant had been punished several times for drinking, unlicensed driving, and traffic-related crimes (actual punishment, suspended execution, and fines) and committed the instant crime again during the period of repeated crime.

However, the distance driven by the defendant is relatively short of 300 meters, and the defendant is able not to repeat the crime of this case by breaking his depth.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and all the sentencing conditions as shown in the pleadings, it cannot be said that the sentence imposed by the lower court is too uneasible and unreasonable.

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