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(영문) 대구지방법원 2020.07.21 2019노2400
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. The judgment below held that considering the fact that the defendant continued to drive under the influence of alcohol through a series of two years during the period of suspension of the same execution, and that the blood alcohol concentration far exceeds the criteria for revocation of the license, the defendant should be punished strictly. However, the circumstances constantly endeavored to prevent recidivism, such as employing driving engineers at the expense after he was discovered through the immediately preceding drinking driving. At the time of committing the crime, it was revealed that the situation was revealed that the defendant was discovered in the vehicle parked in the alley with the driver at the time of the crime, and the situation was revealed to have been taken into account during the early investigation, and the situation was considered in the situation of driving, taking into account the fact that the defendant's health status is not good, and that the defendant's age, occupation, and family relations are favorable to the defendant, and then the defendant was determined as the statutory maximum amount after selecting the defendant.

The judgment below

There is no special circumstance or change of circumstances that can be considered as a new sentencing that is unfavorable to the defendant after the sentence, and comprehensively taking account of the various sentencing conditions in the records and arguments of this case including the circumstances considered by the court below, it cannot be deemed that the sentence of the court below was too unhued and exceeded the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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