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(영문) 대구지방법원 2014.09.18 2014노1036
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, 80 hours of community service, and 40 hours of compliance driving curriculum) that the court below made is too uneased and unreasonable.

2. The Defendant committed the instant crime with the history of having been punished several times, including a prison sentence and a suspended sentence, due to drinking driving.

The defendant's blood alcohol concentration was 0.118% higher.

However, since the Defendant was sentenced to four months of imprisonment with prison labor for drunk driving at the Seo-gu District Court's Seo branch on July 9, 2009, the Defendant had no record of being punished for the same kind of crime until December 27, 2013 where the instant crime was committed.

The Defendant is able to repent of the mistake of the instant crime and not repeat the instant crime, and is living relatively in good faith by supporting the mother of the aged alone.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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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