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(영문) 대전지방법원 2015.10.30 2015노770

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years of imprisonment, two years of suspended execution, forty hours of the law-abiding driving lecture, and forty hours of community service) is too uncomfortable and unfair.

2. In light of the fact that the Defendant’s blood alcohol concentration is high and that the Defendant’s blood alcohol concentration is several times before and after the judgment, it is necessary to strictly punish the Defendant, however, there are circumstances to consider, such as the Defendant’s failure to impose a sentence, confession, and reflects the Defendant’s crime.

In addition, considering the Defendant’s age, family relation, living environment, circumstances, results, and circumstances after the crime, the sentence of the lower court is adequate.

3. The appeal by the prosecutor of the conclusion 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.