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(영문) 대구지방법원 2013.03.28 2012노3144
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. On February 11, 201, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution for a violation of the Road Traffic Act at the Seog Branch of the Daegu District Court on February 11, 201, and again committed the instant crime during the suspended execution period.

In addition, at the time of committing the instant crime, the blood alcohol concentration of the Defendant was very high to 0.158%.

However, the Defendant committed the instant crime in depth and did not repeat the instant crime, and seems to have supported the Defendant, who was scisfe in his residence, and who had a good health, and who had lived in a relatively faithful manner.

In addition, in full view of the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, and all the sentencing conditions shown in the records and pleadings, the sentence imposed by the lower court cannot be deemed unfair because it is too uneasible.

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

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