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(영문) 대구지방법원 2016.08.18 2016노2102
도로교통법위반(음주운전)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (six months of imprisonment with prison labor) is too unfasible, and the prosecutor is too unfased and unfair.

2. On the other hand, the defendant can be punished for driving under drinking, etc., and the crime of this case was committed during the suspension period of execution due to driving without a license, and it is recognized that the alcohol concentration in the blood of this case is 0.104% higher.

However, in full view of all kinds of sentencing conditions in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, such as the fact that the Defendant acknowledged the facts charged and the Defendant’s sale of the vehicle operated by the Defendant does not repeat the crime, etc., the sentence imposed by the lower court is deemed appropriate, and it is not recognized that the sentence imposed by the Defendant 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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