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(영문) 대구지방법원 2019.10.11 2019노1432

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of eight million won (a fine of eight million won) is deemed to be too unhued and unfair.

2. Determination is recognized that the Defendant had already been sentenced to a fine twice due to drinking driving, and that the Defendant committed the instant crime during the period of repeated special larceny, including the following: (a) the Defendant had been sentenced to a fine twice due to drinking driving; (b) the Defendant had a total of four times including the previous and the previous sentence once; (c) the alcohol concentration of the instant blood is higher than 0.139%; and (d)

However, it is also recognized that the defendant recognizes the crime of this case and reflects it, and that he should support the mother who is receiving constant cancer treatment.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, motive and background of crime, means and consequence of crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

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