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(영문) 대구지방법원 2017.10.19 2017노1661
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in prison for eight months, observation of protection, community service, 80 hours in prison, and 40 hours in prison for compliance driving) is too uneasible and unfair.

2. The level of criticism is high in that the defendant had already been punished five times due to driving of drinking, and the same criminal record, including the fact that the defendant had already been punished five times due to driving of drinking, has reached a total of ten times the crime of this case again.

However, in full view of all the sentencing conditions and arguments, including the Defendant’s age, sex, environment, occupation, occupation, and circumstances after the crime, the lower court’s punishment is too uneasy and it is not recognized as unfair, even if it is too unreasonable, to view the following as a whole: (a) the Defendant’s act was committed; (b) the instant crime did not lead to traffic accidents; and (c) the driving force of drinking after 2010 does not lead to traffic accidents; and (d) the driving force of drinking is limited once after 2010; and (c) all the sentencing conditions

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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