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(영문) 대구지방법원 2020.10.27 2019노4654
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (one year of imprisonment and two years of suspended execution) of the lower court is too unhued and unreasonable.

2. The defendant has a record of being sentenced to a fine of four times due to drunk driving.

However, in full view of the following facts: (a) the Defendant was sentenced to a fine for the same kind of crime in 2012; (b) there is no history of criminal punishment; (c) the blood alcohol concentration in the instant case is relatively high; and (d) the Defendant’s age, character and conduct, occupation, family relationship; and (e) other various sentencing conditions as indicated in the instant arguments and records, including the Defendant’s age, character and conduct, occupation, family relationship; and (e) the circumstances after the commission of the crime, etc.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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