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(영문) 대전지방법원 2013.12.19 2013노2301

도로교통법위반(음주운전)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The sentence of the court below (six months of imprisonment) is too unreasonable.

The above sentence of the court below by the prosecutor is too unhued and unreasonable.

Judgment

The grounds for appeal by the defendant and prosecutor shall also be examined.

The fact that the defendant led to the crime of this case and reflects it, and that the distance of driving the vehicle of this case is relatively short, etc. are favorable to the defendant.

Meanwhile, in the past, the fact that the defendant has been punished by the suspension of the execution of imprisonment or a fine for the same crime several times, etc., which is disadvantageous to the defendant. In full view of these circumstances and other various sentencing conditions, including the defendant's age, character and conduct, environment, criminal records, circumstances after the crime, and risk of recidivism, the court below's punishment is too heavy or unreasonable. Thus, the defendant's assertion is without merit.

Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.