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(영문) 대구지방법원 2015.09.15 2014노4795
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 judgment defendant committed the crime of this case at the same time when the same criminal had been punished several times due to drinking driving or driving without a license.

The defendant's blood alcohol level is 0.13%, and the criminal defendant's blood alcohol level is also 0.13%, so it is necessary to strictly punish the defendant due to the nature of the crime.

However, the defendant recognized the error of the crime of this case and is in depth against its depth, and there is no record of criminal punishment heavier than suspended execution.

In addition, comprehensively considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence of the court below cannot be deemed unfair because it is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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