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(영문) 대구지방법원 2013.07.04 2013노620
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to 8 months of imprisonment, 2 years of suspended sentence, 40 hours of alcohol treatment lectures and compliance driving lectures) that the court below pronounced is too unfasible and unfair.

2. The Defendant committed the instant crime even though he/she had been punished several times due to drinking and unlicensed driving.

At the time of the instant crime, the Defendant’s blood alcohol concentration was considerably high by 0.127%, and the Defendant was under the influence of driving under the influence of alcohol on the road.

However, the defendant was divided in depth into the crime and did not repeat the crime, and the owner vehicle was also disposed of.

In light of the current status of the Defendant’s work as boiler or freezing wastewater treatment facility production and technical staff in the former subsidiary, and other factors of sentencing as shown in the Defendant’s age, character and conduct, environment, family relationship, etc., it cannot be said that the sentence imposed by the lower court is too uneasible and unreasonable.

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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