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(영문) 대구지방법원 2016.06.30 2015노3378
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, two years of suspended sentence, two years of community service order, 240 hours of community service order, 40 hours of compliance driving instruction) is too uneasy and unreasonable.

2. The Defendant is not subject to criminal liability in that he/she committed the instant crime by driving his/her vehicle under the influence of alcohol or without a license while being tried for the same kind of crime.

However, in full view of the following facts: (a) the Defendant recognized the facts charged and did not repeat the offense; (b) appears to have been given sufficient opportunity to reflect during the period of detention of a large volume per month; (c) equity in the case of being tried together with the instant crime and the like crimes in the same kind of relationship after Article 37 of the Criminal Act; and (d) other conditions of sentencing as indicated in the records, such as the criminal records of drinking alcohol, the number of times, age, sex behavior, environment, occupation, occupation, circumstances leading to the crime; and (e) the circumstances after the crime, etc., the sentence of the lower court is deemed unreasonable

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.

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