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(영문) 대구지방법원 2014.12.18 2014노3780
도로교통법위반(음주운전)
Text

All appeals by the prosecutor and the defendant 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. On November 9, 2011, the Defendant was sentenced to imprisonment with prison labor for one year and six months by causing a traffic accident by two passengers, who were under the influence of alcohol while driving a breab while under the influence of alcohol, and the period of repeated crimes after the enforcement of the sentence was completed on November 9, 201, and again committed the instant crime even when he was sentenced to a fine on February 20, 2014 for a drunk driving during that period.

The defendant's blood alcohol concentration was 0.126% higher.

However, the defendant's mistake in the crime of this case is divided in depth and does not repeat again.

The parents of the defendant have long been divorced, and the defendant has to support his father who suffered from dementia.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed to be appropriate, 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.

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