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(영문) 대구지방법원 2017.03.23 2016노3696
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.

2. It is recognized that the defendant committed the crime of drinking of this case again even though he had a record of punishment for driving under drinking.

However, in full view of all the sentencing conditions in the records, including the fact that the defendant recognized the facts charged and reflects the facts charged, the fact that there is no previous conviction in addition to the fine, the fact that the drinking value is relatively low, and the circumstances leading to the defendant's age, sex, occupation, environment, circumstances leading to the crime, and circumstances after the crime, it is not recognized that the sentence of the court below is unfair and unfair.

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

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