beta
(영문) 전주지방법원 2014.10.10 2014노607

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the prosecutor is too uneasible that the sentence imposed by the court below (two months of imprisonment, two years of suspended sentence, two years of probation, community service order 200 hours, and forty hours of order to attend a compliance driving lecture) is too uneasible.

2. In light of the fact that the Defendant committed the instant crime during the period of suspended execution due to the same crime, and the blood alcohol concentration is high, the nature of the crime is heavy. However, in light of the fact that the Defendant led to the confession of the instant crime, and that the distance of the Defendant’s driving at the time of the instant crime is about 500 meters, and that there is a family member to support, and other various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

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