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(영문) 대구지방법원 2021.01.15 2020노1942
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year and six months of imprisonment, three years of suspended execution, observation of protection, and community service order 120 hours) is too uneasy and unreasonable.

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court where there is no change in the sentencing conditions, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the above legal doctrine, it is necessary to punish the Defendant strictly in light of the following: (a) the following: (b) the Defendant’s history of punishing the Defendant’s drinking driving is six times based on the foregoing; (c) the two times of the two times of the suspension of execution, even if the Defendant was placed prior to the suspension of execution; and (d) the drinking volume at the time of the instant crime is higher than 0.131%.

However, the lower court determined the punishment by taking into account all the above circumstances.

In addition to the circumstances indicated by the court below, no new circumstance exists to change the sentence of the court below in the court below, and even considering the defendant's age, sex, environment, motive and means of the crime, circumstances after the crime, etc., all of the sentencing conditions stated in the arguments of this case, such as the court below's age, sexual behavior, environment, motive and means of the crime, etc., the court below's sentencing is too un

It does not appear.

The prosecutor's assertion is without merit.

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

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