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(영문) 대구지방법원 2016.09.08 2016노2888
교통사고처리특례법위반등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The defendant asserts that the main point of the grounds for appeal is too small to the court below's imprisonment (seven months of imprisonment), and that the prosecutor is too unhued and unreasonable.

2. On or after around 2000, the Defendant was punished for driving under the influence of alcohol or without a license five times, and the Defendant was sentenced to a suspended sentence on or after the date of the suspended sentence on August 21, 2014, and was sentenced to a fine even during the suspended execution period. The Defendant again committed the instant crime, and the blood alcohol concentration of the instant case was higher than 0.162%.

However, in full view of all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the sentence imposed by the lower court is deemed appropriate, and is not deemed unreasonable because it is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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