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(영문) 대구지방법원 2013.11.14 2013노2263
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. At the time of the instant crime, the Defendant’s blood alcohol concentration was very high by 0.168%, and the Defendant’s crime is not less complicated by causing a traffic accident.

However, the defendant is the first offender, and is committing the crime of this case in depth, and is living in good faith without reoffending.

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.

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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