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(영문) 대구지방법원 2016.07.07 2015노3266
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 (7 million won in penalty) is too unhued and unreasonable.

2. It is recognized that the Defendant committed the instant crime again during the period of repeated crime due to the crime of this type even though he/she had a record of punishment twice due to drinking driving.

However, in full view of the following circumstances: (a) the Defendant recognized the facts charged; (b) the Defendant did not repeat the offense due to driving of drinking alcohol in this case; (c) did not cause an accident due to driving of drinking alcohol in this case; (d) there was no record of punishment exceeding the fine due to driving of drinking; (c) there was a family member to support; and (d) the Defendant’s age, sex, environment, circumstances leading to the commission of the offense; and (e) other circumstances that form the conditions for sentencing as indicated in the record, such as the circumstances after

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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