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(영문) 대전지방법원 2014.04.17 2013노2697

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty (7 million won of a fine) declared by the court below is excessively unhutiled.

2. Determination is an unfavorable circumstance that the Defendant previously been punished twice due to drinking driving, and the blood alcohol concentration at the time of crackdown is not lower than 0.158%.

However, in full view of the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, etc., that the Defendant had no criminal record more than a suspended sentence, the Defendant appears to have supported her mother and her living together with her mother, and that the Defendant would not repeat again, and as a whole, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means, and circumstance before and after the crime, etc., the prosecutor’s assertion

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.