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(영문) 대구지방법원 2016.08.11 2015노4149
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (ten months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, community service order 120 hours, 40 hours of compliance driving lectures) is deemed to be too uneasy and unreasonable.

2. The blood alcohol concentration of the instant drinking driving 0.207%, 0.120%, which is considerably high, and the Defendant already has seven times due to drinking (including refusal of drinking measurement) and two times due to non-licenseed driving.

However, in full view of all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, including the fact that the Defendant recognized the facts charged and served against him/her, and that he/she has an opportunity to repent by being detained in the court of first instance during the trial, the lower court’s sentence is not deemed unfair as it is deemed unfair.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.

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