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(영문) 대구지방법원 2016.05.26 2015노2323

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (the imprisonment of six months, the suspension of the execution of two years, the community service order 160 hours, the order to attend a law enforcement lecture 40 hours) is too uneased and unreasonable.

2. It is recognized that the defendant committed the crime of this case again during the period of suspended execution due to driving without a license, and that he escaped without the request of an investigative agency due to the occurrence of punishment.

However, in full view of all the sentencing conditions in the record, including the Defendant’s age, sex, environment, occupation, circumstances leading to the crime and circumstances after the crime, etc., the lower court’s punishment is uneasible and unreasonable. In so doing, it is not recognized that the lower court’s punishment is unreasonable.

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