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(영문) 대구지방법원 2013.10.31 2013노1824

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended sentence, 40 hours of community service, and 40 hours of law-abiding driving course) that the court below made is too unhued and unreasonable.

2. The judgment of the Defendant had a record of being punished several times due to drinking driving, caused traffic accidents, and the blood alcohol concentration at the time of committing the crime was very high to 0.354%.

However, the defendant has no record of criminal punishment heavier than a suspended sentence, and has committed the crime of this case in depth and has not committed a second offense.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and all the sentencing conditions as shown in the pleadings, it cannot be said that the sentence imposed by the lower court is too uneasible and unreasonable.

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