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(영문) 대구고등법원 2013.07.18 2013노160

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the lower court’s punishment (eight million won by fine) is too unhued.

2. The judgment of the Defendant was sentenced to a fine on several occasions due to the crime of drunk driving or unlicensed driving, and in 2011, the Defendant was sentenced to imprisonment for the crime of drunk driving, etc., and was sentenced for eight months, and was committed without being aware of the period of repeated crime of the above sentence, and committed the crime of drunk driving or unlicensed driving.

These circumstances are disadvantageous to the defendant.

However, the defendant is able to repent his mistake and not repeat his offense.

The crime of this case was limited to a simple drunk driving, and the degree of blood alcohol concentration was 0.052%, which led to the minor punishment standard.

The defendant shall support the mother and wife, and two children.

Such circumstances are favorable to the defendant.

In full view of such circumstances as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., it is not recognized that the sentence imposed by the lower court is too uneasible and unreasonable.

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