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(영문) 대전지방법원 2016.11.24 2016노2312
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for one year and six months, suspension of execution for three years, probation, probation, order to attend a law-abiding lecture, 160 hours for community service order) of the lower court against the Defendant is too uneased and unreasonable.

2. The judgment is disadvantageous to the defendant, who has been punished several times for the same and different crimes.

However, in full view of the following factors: (a) the Defendant reflects his mistake; and (b) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the crime, the lower court’s sentence against the Defendant is too uneasible and unfair.

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.

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