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(영문) 대구지방법원 2015.01.29 2014노2120
도로교통법위반(음주측정거부)등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. On August 8, 2013, the Defendant had been sentenced to punishment several times due to drinking or unlicensed driving, and committed the instant crime again during the suspended execution period after being sentenced to a suspended sentence of ten years due to a violation of the Road Traffic Act at the Daegu District Court on August 8, 2013.

However, the Defendant reflects the mistake of the instant crime in depth and does not repeat the instant crime by disposing of the vehicles owned by the Defendant after the sentence of the lower judgment.

The distance of the defendant's vehicle at the time of the crime of this case is about 1m.

It is not good for the defendant to suffer from chronic diseases, alcohol diseases, and depression disorder, and support the father hospitalized in two daughters and convalescent hospitals who are students.

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

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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