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(영문) 대전지방법원 2013.10.23 2013노757
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year imprisonment, a two-year suspended sentence, a probation, a community service, and a 40-hour period of compliance driving (old one year)) of the lower court’s sentence is too unreasonable in light of all circumstances, including the fact that the Defendant had been punished several times for the same kind of crime, even though he/she had been punished several times for the same crime.

2. The crime of this case is deemed to have driven a C1 ton of cargo at approximately 300 meters under the influence of alcohol 0.303% of the blood alcohol content. In light of the degree of blood alcohol concentration and the Defendant’s speech and behavior at the time of the detection of drunk driving, etc., the Defendant committed the crime of this case without being aware of the fact that the Defendant had been sentenced once imprisonment, twice a suspended sentence, twice a fine of 3 times a total of 6 times a fine due to the same crime only after 2000, and the act of drinking driving must be strictly prohibited for the order of road traffic and the safety of traffic, and thus, it is necessary to punish the Defendant who repeatedly and repeatedly committed the same crime.

However, there is no evidence that the defendant has been punished several times for the same crime since 2000, but there is no criminal record of the suspension of the execution due to drinking driving as well as punishment for the same crime, and it is expected that the effect of the sentence of suspension of the execution is expected to be sentenced together with community service, probation, etc., because the defendant has no criminal record of the suspension of the execution or more due to drinking driving, as well as punishment for the same crime, and there is no criminal record of the suspension of the execution or more due to drinking driving.

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