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(영문) 대구지방법원 2016.09.01 2015노4510
도로교통법위반(음주운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the Defendant asserts that the lower court’s punishment (a fine of six million won) is too unreasonable, and the prosecutor is too unhued and unreasonable.

2. One of the defendants has committed the crime of this case during the period of suspension of execution due to a violation of the Punishment of Violences, etc. Act (a collective weapon, an injury, etc.), and the defendant has already been punished three times due to drunk driving.

However, the Defendant is against the charge, and the blood alcohol concentration in the instant case is not high as 0.057%.

In addition, in full view of 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 sentence imposed by the lower court is deemed appropriate, and it is not recognized that it is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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