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(영문) 대전지방법원 2015.01.15 2014노2353

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of one year, a suspended sentence of three years, a community service order of 80 hours, and an order to attend a compliance driving 40 hours) declared by the court below is too uneasible and unreasonable.

2. It is recognized that the defendant's blood alcohol content at the time of the crime of this case was 0.141%, there were many previous penal records of the defendant, and the distance of the defendant's drunk driving, etc., but it is hard for the defendant to recognize the crime of this case and repent in depth. The defendant disposing of the vehicle that he was on board with the view of this case and make the defendant not to drive under the influence of alcohol again in the future. In full view of various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, etc., the sentencing of the court below is judged to be appropriate, and it cannot be deemed unfair because it 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.