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(영문) 대구지방법원 2017.06.20 2017노87
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment and three years of suspended execution) is too unhued and unreasonable.

2. The Defendant committed the instant crime by driving again under the influence of alcohol or without a license even though he had been subject to punishment several times due to the same type of crime (five times a punishment penalty, five times a suspended sentence, one time a suspended sentence), such as drinking, driving without a license.

However, in full view of the following facts: (a) the Defendant admitted the facts charged; and (b) the Defendant appears to have an opportunity to repent of wrong facts while living in prison for about two months until the Defendant was released after being sentenced to a suspended sentence from the first instance court; and (c) other factors of sentencing as indicated in the record, such as the Defendant’s age, sex, environment, circumstances leading to the Defendant’s crime, and circumstances after the commission of the crime, the lower court’s sentence is unobciled

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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