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(영문) 대구지방법원 2016.11.22 2016노1593
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. The blood alcohol content of the instant case is considerably high as 0.118%, and the Defendant had already been punished twice due to drunk driving, and the Defendant did not run the instant drunk driving since he was sentenced to a fine due to the previous drunk driving.

However, the defendant recognizes the facts charged and is against the law, and the defendant does not repeat the crime such as transferring the vehicle.

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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