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(영문) 대전지방법원 2014.01.22 2013노1899
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of all the circumstances, including the fact that the defendant was punished for a fine for a drunk driving in 2009 and that the defendant was found to have been guilty for a drunk driving in this case, even though he was found to have a drunk driving, the sentence of imprisonment [6 months of imprisonment, 2 years of probation, 160 hours of probation, 160 hours of community service, 40 hours of compliance driving lecture and alcohol therapy (or 10 months of imprisonment with prison labor)] declared by the court below is too unjustifiable.

2. In light of the following: (a) the Defendant was under the influence of alcohol 0.107% on March 25, 2013; (b) driving C TranXG car at approximately 5km; and (c) driving the said car at approximately 6km on April 16, 2013 while under the influence of alcohol 0.07% on April 16, 2013; (b) without being aware of the fact that the Defendant was under the influence of alcohol 0.107% on alcohol; (c) driving of the said car at approximately 6km; and (d) driving of the said car at approximately 15 (15) days after being investigated by the police; and (d) driving of the alcohol should be strictly prohibited for the order of road traffic and for the safety of passengers, and thus, it is necessary to punish the Defendant who repeatedly commits the same offense.

However, in full view of all other circumstances, including the Defendant’s age, character and conduct, background, motive and circumstance leading to the instant crime, circumstance after the instant crime, etc., the lower court’s sentence is not deemed to be unreasonable, and thus, it cannot be deemed that the Defendant is deemed to be unreasonable, given that the Defendant was punished by a fine on one-time drinking driving in 2009. However, the Defendant did not have any record of crime beyond the suspension of execution due to drinking driving, and the effect of the punishment by a suspended sentence is expected with community service, probation, and the order to attend a lecture as well as the order to attend a lecture, and other circumstances that form the condition for the instant sentencing as indicated in the record.

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