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(영문) 대구지방법원 2020.12.01 2020노112
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. The judgment below seems to have sentenced the above punishment by comprehensively taking into account the circumstances favorable to the defendant (the recognition of the crime, reflectivity, and the intention not to drive a drinking again) and unfavorable circumstances (the possibility of criticism by the crime of this case during the period of repeated crimes due to the crime of false entry in public electronic records, etc., there are twice the records of punishment for the crime of violation of the Road Traffic Act).

In light of the aforementioned various sentencing grounds and the defendant's last previous convictions of the same kind as the court below acknowledged in 2008, which are the prior convictions of 10 years from the crime of this case, with high blood alcohol concentration, Defendant's age, career, character and behavior, environment, family relationship, motive and circumstances of the crime, means and result of the crime, circumstances after the crime, other circumstances known by the records, and there are no special circumstances or changes in circumstances that make it possible for the court below to change the punishment against Defendant, the sentencing of the court below is appropriate, and it cannot be deemed that it abused its discretion or deviates from the limits of discretion.

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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