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(영문) 대구지방법원 2015.01.29 2014노4609
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) is too unhued and unreasonable.

2. On July 2, 2014, the Defendant was sentenced to a suspended sentence of 8 months due to drunk driving, etc. in the Daegu District Court Kimcheon Branch of the Daegu District Court on July 2, 2014, and again committed the instant crime during the suspended sentence period.

However, there are no criminal records other than those subject to punishment for drunk driving, and there is no record of punishment before the suspension of execution on 2014 after the suspension of execution on 207.

The Defendant’s error in the instant crime is against depth and not reoffending, and the Defendant’s blood alcohol concentration is not high to 0.086%.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the court below is too uneasible.

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

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