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(영문) 대구지방법원 2015.02.12 2014노4969
도로교통법위반(음주운전)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (eight months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The Defendant’s judgment reflects the error of crime in depth to avoid reoffending, and supports his/her family members while operating the gold processing company.

However, the Defendant was sentenced to several punishments for drinking, unlicensed driving, and traffic-related crimes (one time of punishment, four times of suspension of execution, six times of fines), drinking, unlicensed driving, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on December 2010, and completed the execution of punishment on April 4, 2012. On June 20, 2013, the Defendant was sentenced to 10 months of imprisonment for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence, etc.) and committed the instant crime on February 2, 2014, and again committed the instant crime during the period of repeated crime due to the same and different types of crimes.

The blood alcohol concentration was higher than 0.10%, and the nature of the crime is heavy by causing an accident involving the outer wall of the apartment construction site.

In addition, in full view of all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, etc. of the defendant, the sentence imposed by the court below shall be appropriate, and it shall not be deemed that it is too weak or unreasonable.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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