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(영문) 대구지방법원 2013.08.13 2013노909
도로교통법위반(음주측정거부)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of seven million won) declared by the lower court is too unhued and unreasonable.

2. The judgment of the Defendant had the history of punishing the Defendant for drinking and driving without a license, and was found to have refused to measure the drinking, and then was engaged in drinking again for about two months, and the Defendant’s blood alcohol concentration at the time of driving under the influence of alcohol was very high to 0.169%.

However, the defendant has not committed a second offense in depth while committing a crime.

In full view of the circumstances in which the defendant is living difficult to support his/her family members by taking a day-to-day tree as well as all of the sentencing conditions in the records and arguments, such as the defendant's age, character and conduct, environment, family relationship, etc., it cannot be said that the sentence imposed by the court below is too unhuable and unreasonable.

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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