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(영문) 대구지방법원 2018.10.19 2018노1617
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. It is recognized that the judgment defendant had a total of three times of criminal punishment and juvenile protective disposition due to the same crime, and that he/she has been subject to punishment due to the last drinking driving, and that he/she once driving the drinking free license of this case for only seven months after he/she has been sentenced to punishment

However, it is also recognized that the Defendant recognized his mistake and reflects the Defendant’s age of 20 years, and the Defendant’s blood alcohol concentration at the time of the instant case is relatively lower than 0.067%, and that there was no physical damage due to driving without a license for drinking alcohol in this case, and there was no criminal record exceeding the fine.

In addition, in full view of the various circumstances such as the character, conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the court below after the judgment of the court below, it is not recognized 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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