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(영문) 대구지방법원 2016.09.29 2016노3015
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (six months of imprisonment with prison labor) is too unfasible, and the prosecutor is too unfased and unfair.

2. On the other hand, the Defendant had four times the history of punishment for driving under drinking, and committed the instant crime during the suspension period of execution due to driving under influence without license, and it is recognized that the alcohol concentration in the instant blood is 0.092% higher.

However, in full view of all the sentencing conditions in the records, such as the defendant's age, sex, environment, occupation, and circumstances after the crime, the sentence imposed by the court below 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.

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