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(영문) 대구지방법원 2017.06.15 2016노5420
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 (the imprisonment of eight months, the suspension of the execution of two years, and the lecture hours of compliance driving 40 hours) is too uneasible and unfair.

2. The Defendant, even in 2006 and 2014, committed the instant crime by driving under the influence of alcohol while driving under the influence of alcohol even though he had been punished for committing the crime of drinking.

However, in full view of all the circumstances in the record, including the fact that the Defendant recognized the facts charged, the fact that there is no criminal record other than the fine, the Defendant’s age, sex behavior, environment, circumstances leading to the commission of the crime, and the circumstances after the commission of the crime, the lower court’s sentence is unhurd and thus is unreasonable.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That the judgment of the court below is correct ex officio as adding it is obvious that the omission of “1. Selection of punishment: Imprisonment” is a clerical error, since it is obvious that it is a clerical error.

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