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(영문) 대구지방법원 2016.05.26 2015노3053

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. However, the Defendant committed the instant crime during the suspended execution period due to the same crime, and the alcohol content in the instant blood is considerably high as 0.151%, and the Defendant was punished for driving under the influence of alcohol four times.

However, the defendant is against the charge, and the defendant has no longer drive a vehicle while selling the vehicle.

In addition, comprehensively taking account of the various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, sex, environment, family relationship, background leading to the commission of the crime, and circumstances after the commission of the crime, the lower court’s sentence is not deemed 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.