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(영문) 대구지방법원 2020.06.26 2019노4096
도로교통법위반(음주운전)
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 lower court, in full view of the circumstances favorable to the Defendant (including the history of having been sentenced to a fine twice due to driving, which is 4-6 years prior to the instant crime, and the vehicle that was driven was disposed of, and against the mistake), and unfavorable circumstances (the Defendant, while putting the vehicle on the road while driving, driven the vehicle while driving the vehicle at a level of 0.275% and driving the vehicle at a rate of 0.275%, and the distance of driving the vehicle is about 3 km. The instant crime was committed on March 27, 2018. The instant crime was committed in the course of imprisonment with prison labor for the obstruction of performance of official duties on the part of the Defendant and the suspension of execution for 6-month and 2-year suspension of execution for the suspension of execution).

The court below's sentencing is appropriate in light of the grounds for various sentencing recognized above and the defendant's ordinary character and behavior, health status, the degree of property, family relation and social relation, the circumstances and results of the crime in this case, the circumstances after the crime, and other circumstances that can be known by records, and it cannot be deemed that the court below abused its discretion or deviates from the limits of discretion.

Therefore, 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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