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(영문) 대구지방법원 2015.02.12 2014노4967

도로교통법위반(음주운전)

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (six months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The judgment defendant committed the crime of this case again with the records of punishment several times, including two times of suspended execution, for the same case.

The defendant's blood alcohol concentration was 0.239% higher.

However, the defendant's mistake in the crime of this case is against the depth and is not committing a second offense.

The defendant does not cause a traffic accident at the time of the crime of this case, but it is difficult for the defendant to economic situation.

In addition, in full view of the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc. and all the sentencing conditions shown in the pleadings, the sentence imposed by the lower court cannot be deemed to be adequate, too weak, or unreasonable.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the prosecutor and the defendant are without merit.