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(영문) 대전지방법원 2014.04.17 2013노2733
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, two years of probation, and two hundred hours of community service order) of the lower court is deemed to be too uneasy and unreasonable;

2. The judgment was based on the following facts: (a) the Defendant was sentenced to a fine again for the same kind of crime on February 13, 2009; (b) on December 12, 2010 during the grace period after having been sentenced to a 6-month period of imprisonment with prison labor for the same crime on February 13, 2009; and (c) around October 2012, the Defendant was subject to eight criminal punishments only for the same crime, such as being sentenced to a fine of three million won for the same crime; (d) the Defendant has recognized all of the crimes in this case; and (e) the Defendant has not been sentenced to a fine of two million won due to an act of violence, etc. other than traffic offense; (e) the amount of alcohol content of the blood of this case was not higher than 0.066%; and (e) the Defendant’s age, character and conduct, environment, crime, motive, means and consequence of the crime, and the circumstances before and after the crime are considered unreasonable.

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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