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(영문) 대구고등법원 2014.09.17 2013노651
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 5,00,00) of the lower court (e.g., a fine of KRW 5,00) is too uneased and unreasonable.

2. The Defendant committed the instant crime even though he had been already punished by a fine on five occasions, such as three times of drinking driving and two times of driving without a license, prior to the instant crime, and the fact that the instant blood alcohol concentration was very high as 0.181%, which was disadvantageous to the Defendant.

Meanwhile, in full view of the fact that the distance driven by the Defendant is very short that is only five meters, and that it reflects his fault, and other various sentencing conditions shown in the arguments in this case, such as the Defendant’s age, character and conduct, environment, and family relationship, it is not determined that the sentence imposed by the lower court is too uneasible and unfair.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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

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