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(영문) 대구지방법원 2016.10.27 2016노377
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The Defendant committed the instant crime during a suspended sentence due to drunk driving, etc., and the blood alcohol concentration of the instant case is very high as 0.195%, and the Defendant has already been punished three times due to drunk driving.

However, the defendant acknowledges the facts charged and is contrary to the charges, and does not repeat the charges such as disposing of vehicles.

In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is not deemed unreasonable.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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