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(영문) 대구지방법원 2014.11.20 2014노1730
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and forty hours of community service) that the court below pronounced is too unfasible and unreasonable.

2. The judgment accused committed the instant crime again, even though he/she had been punished several times by a fine due to the same criminal act.

In two times, drinking and unlicensed driving have been repeated, and the blood alcohol concentration at the time of each crime was 0.185% and 0.140%.

However, there is no record of punishment exceeding a fine due to the same criminal act, there is no record of criminal punishment due to the same criminal act, and there is no record of criminal punishment due to the same criminal act, and there is no risk of not repeating the crime in accordance with the depth of the

A dangerous vehicle is operated rather than a vehicle, and it is not caused by a traffic accident.

There are also circumstances in which the defendant supports the wife with intellectual disability, including old old elderly elderly elderly elderly elderly children and elementary school students' children.

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

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

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