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(영문) 대구지방법원 2018.04.19 2017노4409
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (the suspended sentence and fine of KRW 2.5 million) is deemed to be too uneasy and unfair.

2. The Defendant, after drinking alcohol, moved a substitute driver to the house. After having arrived, the Defendant was an substitute driver and a driver with a vision as an agent. After having arrived, the substitute driver left the parking zone without properly parking.

The defendant, after hearing the warning from neighboring residents that he/she should properly do, driven around 2 meters while drunk and parked again.

In full view of the following circumstances: (a) the Defendant, including the motive and background of the above crime, has no criminal record of suspended sentence for the same kind of crime; and (b) the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime; and (c) there is no special change in circumstances or circumstances that may change the sentencing of the lower court after the crime; and (d) the sentencing of the lower court is not unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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