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(영문) 대구지방법원 2013.08.29 2013노1405
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The Defendant has a record of being punished by a fine for a drunk driving around 2003 and around 2010.

At the time of the instant crime, the Defendant’s blood alcohol concentration was considerably high by 0.170%.

However, the defendant has not committed any other criminal offense except four times of fine including the above drinking driving force, and has not committed any other criminal offense in depth, and has not committed any second offense.

In full view of the criminal defendant's life in his/her residence and life in good faith, and all other sentencing conditions as shown in the records and arguments, such as the defendant's age, character and conduct, environment, etc., the sentence imposed by the court below cannot be deemed unfair because it 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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