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(영문) 대구지방법원 2020.09.01 2019노3862

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (one year of imprisonment, two years of suspended execution, and order to attend a course) is too unhued and unreasonable;

2. The accused has been punished by a fine for drunk driving twice.

Finally, when punishment is imposed, there is no record of criminal punishment before the crime of this case since 2014.

It shows the attitude to recognize and reflect crimes.

In full view of the aforementioned circumstances, including the Defendant’s age, character and conduct, background of the crime, and circumstances after the crime, as seen in the instant arguments and records, the lower court’s punishment, including the Defendant’s failure to impose probation, is deemed unreasonable as it is too uneasible.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.