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(영문) 대구지방법원 2014.12.11 2014노2192
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 10 million) declared by the lower court is too unhued and unreasonable.

2. On November 16, 2012, the Defendant had been sentenced to three times of punishment due to drunk driving, and was sentenced to two years of suspended sentence for a violation of the Road Traffic Act at the Seoul Central District Court on November 16, 2012, and again committed the instant crime during the suspended sentence period.

However, the defendant's mistake in the crime of this case is divided in depth and does not repeat again.

The distance of drinking driving of this case was about 50 meters, and it is clear that the family members of the defendant and women of Matrimonial engagement want the defendant's wife, etc., and it is relatively faithful to the defendant's accompanying and living.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the court below 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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