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(영문) 대전지방법원 2016.07.21 2016노745
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment, 2 years of suspended sentence, 80 hours of community service order, and 40 hours of order to attend a lecture) is too uneasible and unreasonable.

2. The judgment is an unfavorable condition to the defendant, such as the fact that the defendant has been punished several times due to the same kind of crime, and that the blood alcohol concentration level is high.

However, in full view of all the sentencing conditions, including the defendant's age, sex, environment, motive, means, consequence, etc., the sentence of the court below is too unfeasible and unfair, and it is not recognized that it is unfair in full view of all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence, etc.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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