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(영문) 대구지방법원 2013.08.13 2013노1825
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) is too unhued and unreasonable.

2. On February 23, 2012, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution, and committed the instant crime while under suspended execution.

However, the defendant's depth is divided and did not repeat again, and the blood alcohol concentration of the defendant at the time of the crime of this case was relatively lower than 0.070%.

In full view of the circumstances in which the Defendant had been in custody before being detained in the instant case, the Defendant had been able to work in good faith as an employee, and the elderly’s mother and undergraduate children should be supported, and all other sentencing conditions in the records and arguments, including the Defendant’s age, character and conduct, environment, etc., the sentence imposed by the lower court cannot be deemed unfair because the sentence imposed by the lower court is too unreasonable.

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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