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(영문) 대구지방법원 2013.08.13 2013노1154
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. At the time of the instant crime, the Defendant’s blood alcohol concentration was high by 0.112%, and the driving distance is not shorter than 10km.

However, the defendant is the first offender, and the mistake of the crime in this case is divided.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, circumstances after the instant crime, and all the sentencing conditions as shown in the records and pleadings, it cannot be said that the sentence imposed by the lower court is too uneasible and unreasonable.

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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