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(영문) 대구지방법원 2021.02.09 2020노506
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and order to attend a course) is too unhued and unreasonable.

2. The lower court determined the Defendant’s punishment by taking into account the following factors: (a) the Defendant was punished twice as a crime of violating the Road Traffic Act (driving) and the recognition of and reflects on the instant crime; and (b) the Defendant’s age, occupation, sex, family relationship, and various conditions of sentencing indicated in the record, such as the circumstances before and after the commission of the crime.

In full view of the aforementioned circumstances as stated by the lower court and the Defendant’s blood alcohol concentration relatively high, and the various sentencing conditions indicated in the arguments and records of the instant case, including the fact that there are no special changes in circumstances that may change the sentence after the lower court sentenced to the lower judgment, the lower court’s sentencing exceeded the reasonable scope of discretion because it was too low, including the fact that the duty to observe the protection was not imposed.

It does not appear.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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