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(영문) 대구고등법원 2013.05.30 2012노818
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (six million won of a fine) is too unhued.

2. The defendant has a record of being sentenced to a fine of one million won for a crime of drunk driving once during the period of suspension of execution due to a violation of the Punishment of Violences, etc. Act (joint injury).

Nevertheless, the crime of this case was committed during the period of suspension of the above execution.

The blood alcohol concentration level at the time of driving under the influence of alcohol of this case is 0.22% high.

These circumstances are disadvantageous to the defendant.

However, if the defendant is punished for the same crime, it is not a fine.

The defendant's mistake is divided and does not repeat the crime.

The crime of this case was conducted simply by drinking.

These circumstances are favorable to the defendant.

In full view of such circumstances as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., it is not recognized that the sentence imposed by the lower court is too uneasible and unreasonable.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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