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(영문) 대구지방법원 2017.10.12 2017노3896
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. On the other hand, the Defendant has already been punished three times due to drinking driving and seven times due to driving without a license, and in particular, even during the period of repeated crime due to a violation of the Road Traffic Act (unlicensed driving), there is a large degree of criticism in that it leads to the instant crime.

However, in full view of all the sentencing conditions shown in the records and arguments, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is too unfeasible and is not deemed unfair, as it is too unfasible.

3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act: Provided, That since it is obvious that the omission of “the gender support of the Daegu District Court” between “the 1st page of the criminal facts of the lower judgment and “the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents” is a clerical error, it is corrected ex officio to add it, and Article 149-2 of the Road Traffic Act applicable to the criminal facts in the application of the relevant Act is a clerical error of Article 148-2 of the Road Traffic Act, so it is obvious that it is a clerical error of “the Road Traffic Act”, and it is corrected ex officio).

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