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(영문) 대전지방법원 2014.11.06 2014노1542
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, three years of suspended execution, community service order and order to attend a lecture) declared by the court below is unreasonable as it is excessively unhutiled.

2. At the time of the instant judgment, the Defendant’s blood alcohol content is higher than 0.24%, and the Defendant’s history of punishment for the same kind of crime is more than four times, which is disadvantageous.

However, the defendant's confession and reflect that he/she would not repeat the same crime again, and it seems that he/she had been living in the normal workplace faithfully, and in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means, and consequence of the crime, the defendant's age, character, environment, motive, means, and consequence, it is not deemed that the defendant's sentence imposed by the court below is too unjustifiable, and thus, the prosecutor's assertion of 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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