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(영문) 대구지방법원 2014.07.17 2014노332
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. On November 29, 2012, the Defendant was sentenced to a suspended sentence of one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act in the Western Branch of the Daegu District Court on November 29, 2012, and again committed each of the instant crimes during the suspended sentence period.

However, the Defendant did not have any specific criminal records other than those subject to punishment for drunk driving, and the blood alcohol concentration of the Defendant at the time of committing the instant crime is 0.073%.

It is clear that the defendant is divided in depth and not re-offending, and social attention is evident, such as the birth of his family members and their neighbors.

In addition, in full view of the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, and all the sentencing conditions shown in the records and pleadings, the sentence imposed by the lower court cannot be deemed unfair because it is too uneasible.

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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