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(영문) 대구지방법원 2016.12.01 2016노4138

도로교통법위반(음주운전)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the main point of the grounds for appeal is too small for the lower court’s punishment (six months of imprisonment), and that the prosecutor is too unhued and unreasonable.

2. On the other hand, the Defendant has been punished five times (two times a fine, two times a suspended sentence), and committed the instant crime during the suspended execution period due to drinking without a license, driving without license, and it is recognized that the blood alcohol concentration in the instant case is higher than 0.125%.

However, in full view of all the sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the sentence imposed by the lower court is deemed appropriate, and it is not recognized that it is too heavy or unreasonable because it is too heavy.

3. As such, the appeal by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.