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(영문) 대구지방법원 2017.08.24 2017노1168
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the sentence of two years of suspended execution in the period of eight months of imprisonment, community service work 120 hours, compliance driving lectures 40 hours) is too unfford and unfair.

2. Despite the fact that the Defendant had been punished twice due to driving under drinking, there is a great degree of criticism in that it did not receive yet from the victims even though the Defendant was injured by the victims while driving a motor vehicle in a state of drinking alcohol concentration of 0.193% during a long time.

However, in full view of the following factors: (a) the Defendant committed an offense; (b) the victim’s injury is relatively minor; (c) the vehicle is covered by an automobile comprehensive insurance policy; (d) the Defendant has no criminal record other than twice a fine; and (e) the Defendant’s age, sex, environment, occupation, and circumstances after the commission of the offense; and (e) all the sentencing conditions as shown in the records and arguments, such as the Defendant’s age, sex, occupation, and circumstances after the commission of the offense, the sentence of

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.

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