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(영문) 대구지방법원 2013.09.26 2013노1366
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of eight million won) declared by the lower court is too unhued and unreasonable.

2. The Defendant again committed the instant crime during the period of repeated crime due to the same kind of crime even though he/she had been punished several times for drinking, unlicensed driving, and traffic-related crimes (the actual punishment, suspension of execution, and fine).

At the time, the blood alcohol concentration of the defendant was 0.094% higher.

However, the Defendant’s mistake in committing the instant crime is divided, and is against himself, and it seems that he supports a pregnant woman with good health and lives relatively faithfully.

In addition, in full view of the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, and all the sentencing conditions shown in the records and pleadings, the sentence imposed by the lower court 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 as it is without merit. It is so decided as per Disposition.

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