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(영문) 대구지방법원 2016.09.08 2015노4282
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, three years of suspended sentence, three years of probation, and 240 hours of community service order) is too unhued and unreasonable.

2. The Defendant committed the instant crime during the period of suspension of execution due to drunk driving, and has the record of being punished for drunk driving five times.

However, the Defendant recognized the facts charged and reflected in the charges, and did not repeat the crime by transferring the vehicle, etc., and the blood alcohol concentration in the instant case is 0.075% and is not significantly high.

In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is not deemed unreasonable.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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