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(영문) 대구지방법원 2017.11.16 2017노4376
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment) is too unhued and unreasonable.

2. The Defendant committed the instant crime of driving alcohol again during the period of suspension of the execution due to driving without a license even though he/she had been punished twice due to drinking or non-licensed driving.

However, in full view of all the sentencing conditions indicated in the records, including the fact that the Defendant recognized the instant crime and reflects the Defendant’s age, sex, environment, circumstances leading to the commission of the instant crime, and circumstances after the commission of the crime, the lower court’s sentence of imprisonment is too uneasible 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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