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(영문) 대구지방법원 2017.10.12 2017노2179
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence for one year, one hundred and twenty hours of community service, and forty hours of instruction of compliance driving) on the summary of the grounds of appeal is deemed to be too uneasible and unfair.

2. Although the Defendant had a record of serving several times of punishment due to drinking driving, he/she again committed the crime of drinking in this case, and the crime of violating the Wastes Control Act also committed again within a short period of time despite having been punished for the same crime.

However, the facts charged are recognized and reflected by the Defendant. Each of the crimes of this case was committed in violation of the Building Act as indicated in the judgment of the court below, and the facts that the equity between the case and the case should be considered at the same time in the relationship of concurrent crimes after Article 37 of the Criminal Act. In full view of all other factors of sentencing indicated in the records, including the Defendant’s age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc., the sentence of the court below is uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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