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(영문) 대구지방법원 2017.11.16 2017노2866
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence for six months of imprisonment, one hundred and sixty hours of community service, and forty hours of instruction of compliance driving) on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.

2. The Defendant, on December 22, 2016, was investigated by an investigative agency on the ground of the crime of self-driving on the part of a person driving alcohol, and thereafter, committed the instant crime of drinking alcohol again on February 24, 2017.

The liability for the crime is not easy.

However, in full view of the following factors: (a) the Defendant recognized the facts charged; (b) there was no previous conviction other than fines; (c) alcohol level (0.098%) at the time of the instant crime; (d) the Defendant’s age, sex behavior, environment; (b) background leading to the instant crime; and (c) the circumstances after the instant crime, etc., the lower court’s punishment is too unfeasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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