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(영문) 대전지방법원 2017.07.07 2017노1106
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment) is too unhued and unreasonable.

2. The judgment of the defendant has the record of being punished several times due to drinking (gold, suspension of execution), the fact that the defendant committed each of the crimes of this case without being aware of during the suspension of execution due to the same kind of crime, the fact that the alcohol concentration level at the time of driving alcohol was 0.210%, 0.163%, and 0.163% at the time of driving alcohol, and the fact that the crime of escape in the part of the vehicle parked while driving with the vehicle parked by drinking or without a license and stopping the vehicle and leaving the vehicle and leaving the vehicle and leaving the vehicle and leaving the vehicle to take any specific measures, is disadvantageous to the fact that the risk of escape is very heavy and bad.

However, all of the crimes of this case are recognized by the defendant and are in profoundly against each other, the fact that the defendant does not drive drinking, and there is a family member to support, etc. are favorable circumstances.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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