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(영문) 대전지방법원 2015.08.27 2015노363
도로교통법위반(음주운전)등
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months and three years of suspended execution) of the original judgment is deemed to be too unhued and unfair.

2. The crime of this case is deemed to have driven a vehicle while under the influence of alcohol 0.112% without obtaining a driver's license, and the defendant, despite the fact that the defendant had been punished several times for the same kind of crime, is committing the crime of this case, and the liability for the crime of this case is not minor.

However, in full view of the following circumstances: (a) the Defendant’s mistake is divided and reflected in depth; (b) the driving distance is a relatively short distance of about 20 meters; (c) the support is the most supporting two children; and (d) the Defendant’s wife wanting the Defendant’s wife; and (b) other sentencing conditions, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (c) all of the sentencing conditions, including the following circumstances, the suspension of the execution of imprisonment with prison labor, which ordered probation and community service as an incidental disposition, is deemed unreasonable as the sentence of the lower court ordering probation and community service as an incidental disposition, is too unreasonable.

3. The appeal filed by the prosecutor with the conclusion is groundless, 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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