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(영문) 대구지방법원 2016.12.01 2016노1787
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 (limited to eight months of imprisonment, two years of suspended sentence, 80 hours of community service, and 40 hours of order to attend a compliance driving lecture) is too unhued and unreasonable;

2. While the Defendant had been punished four times due to drinking or unlicensed driving (three-time fines, one-time suspended sentence) after around 2000, the Defendant committed the instant crime. The blood alcohol concentration of the instant case is very high by 0.232%.

However, in full view of the following facts: (a) the Defendant recognized the facts charged and is going against the charge that the Defendant does not repeat the crime; and (b) the sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is 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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