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(영문) 대구지방법원 2019.11.22 2019노2150
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (limited to eight months of imprisonment, two years of probation, two years of community service order, 240 hours of community service order, and 40 hours of order to attend a compliance driving lecture) is too unfas

2. It is recognized that the Defendant had already been sentenced three times to imprisonment with prison labor due to drinking driving, including one suspended sentence of imprisonment with prison labor, and that the Defendant had been sentenced to a fine once for the crime of this paper, that the alcohol level of the blood of this case is higher than 0.100%, and that the drinking driving of this case is a serious crime that may result in not only the Defendant but also another person’s life and requires strict punishment.

However, it is also recognized that the defendant recognized the crime of this case, supported the father of the aged, and there is no criminal record.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, motive and background of crime, means and consequence of crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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