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(영문) 대구지방법원 2014.11.20 2014노1799
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The judgment of the defendant committed the instant crime even though he/she had been sentenced to a fine twice due to drinking driving.

Blood alcohol concentration was also 0.176% higher.

However, the Defendant did not receive criminal punishment in addition to the records of punishment for a fine of KRW 2 million due to the above drinking driving force and the violation of the Electronic Financial Transactions Act in 2010, and did not commit the crime in depth and did not repeat the crime.

The defendant is not a traffic accident, and the distance of operation is about 200 meters.

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 on the ground that it is without merit. It is so decided as per Disposition.

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