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(영문) 대구지방법원 2016.11.17 2016노908
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, one hundred and sixty hours of community service order, and forty hours of order to attend a law-abiding driving lecture) is too uncomfortable and unreasonable.

2. When the police was controlled due to a single driving under the influence of alcohol, the crime of this case is not very good for the defendant, and the defendant has already been punished once due to driving under the influence of alcohol.

However, the Defendant is against the charge, and the blood alcohol concentration in the instant case is 0.077% and cannot be deemed to have so high.

In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is not deemed unreasonable.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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