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(영문) 대구지방법원 2013.12.05 2013노2312
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding class) declared by the court below is too uneasible and unfair.

2. The Defendant has a record of being punished by a fine on several occasions for drinking, non-licensed driving and traffic-related crimes.

At the time of crime, blood alcohol concentration was very high to 0.173%.

However, there is no record that the defendant has been punished more severe than a fine, and there is a reason that the defendant should not repeat the crime of this case by committing the crime of this case, and that he should support the old parents who are not healthy.

In addition, in full view of the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, and all the sentencing conditions shown in the records and pleadings, the sentence imposed by the lower court 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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