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(영문) 대전지방법원 2015.05.07 2014노3108

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) of the lower court is deemed to be too uneasy and unfair.

2. The defendant's blood alcohol content at the time of this case was high 0.235%, and the defendant again committed the crime of this case despite the fact that he had been punished several times due to drinking driving, is disadvantageous to the defendant, but there is no criminal record above the suspended execution due to the same kind of crime, the confession of the crime of this case and seems to be contrary to its mistake, taking into account various sentencing conditions stipulated in 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, and circumstances before and after the crime, the prosecutor's allegation 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 as it is without merit. It is so decided as per Disposition.