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(영문) 대구지방법원 2019.09.20 2019노1333
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant (7 million won of a fine) is too unhued and unfair.

2. The judgment of the Defendant is recognized that the Defendant had a previous conviction of a fine on two occasions due to drunk driving, and that the blood alcohol concentration in the instant case is higher than 0.15%.

However, it is also recognized that the defendant recognized the crime of this case and reflected, that the defendant would dispose of the vehicle and would not repeat the crime, and that the defendant has no other criminal record than the above two times of fine.

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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