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(영문) 대구지방법원 2017.01.12 2016노4703
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (eight months of imprisonment) against the summary of the grounds for appeal is too unfied, and the prosecutor is too unfied and unfair.

2. On the other hand, the Defendant committed the instant crime even though he/she was sentenced to a fine by driving without a license during the suspension period due to driving without a license for drinking, and the Defendant was found to have a high level of alcohol content as 0.265% during the instant blood transfusion.

However, in full view of all kinds of sentencing conditions in the records, such as the Defendant’s age, sexual conduct, environment, occupation, and circumstances after the crime, such as the recognition of the facts charged, the Defendant’s punishment imposed by the lower court is deemed to be appropriate, and it is not deemed to be unfair because it is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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