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(영문) 대구지방법원 2016.10.06 2015노5254
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. The blood alcohol content of the instant case is relatively high as 0.123%, the distance driven by the Defendant is about 6 km and the occurrence of traffic accidents.

In addition, the defendant has been punished for four times due to drinking driving and one time due to driving without a license.

However, the defendant recognizes the facts charged and is against the law, and the defendant does not repeat the crime such as transferring the vehicle.

In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is not deemed unreasonable.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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