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(영문) 대구지방법원 2013.12.26 2013노2413
도로교통법위반(음주운전)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. On July 23, 2013, the Defendant filed an appeal against the lower judgment on July 23, 2013, and received a written notification of the receipt of the trial record from this court on August 14, 2013, and did not submit the grounds for appeal within 20 days therefrom (excluding the period from August 20, 2013, which is the date of the request for the appointment of a public defender, to August 23, 2013, which is the date of the request for the appointment of a public defender, until August 23, 2013), and there is no indication in the petition of appeal in the grounds for appeal, and no further examination of the records

The defendant's appeal shall be dismissed by decision under Article 361-4 (1) of the Criminal Procedure Act, but the defendant's appeal shall be dismissed by judgment in addition to the following cases:

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal that the court below rendered is too unhued and unreasonable.

B. Although the Defendant had been punished for drinking driving in 2007, he again committed the instant crime, and the blood alcohol concentration was 0.220% high.

However, the defendant has no record of criminal punishment since 2007.

The defendant is in depth divided into the facts of the crime of this case and has family members to support the crime of this case.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

C. Thus, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act since it is without merit.

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