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(영문) 청주지방법원 2018.08.09 2018노227
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, five years of suspended sentence, 40 hours of protection observation and compliance driving instruction, 240 hours of community service work) against the Defendant on the summary of the grounds of appeal is too unfasible and unreasonable.

2. In light of the circumstances that the prosecutor asserts the sentencing factors disadvantageous to the defendant at the trial, such as the fact that the defendant had a history of being subject to criminal punishment three times for the same kind of crime, and in particular, on December 17, 2015, he/she was sentenced to six months of imprisonment and two years of suspended execution due to a crime of violating road traffic law at the Cheongju District Court on December 17, 2015, and the above judgment became final and conclusive on December 25, 2015, and again committed the instant crime, even though he/she again committed the instant crime. The alcohol content of the defendant's blood alcohol at the time of the instant crime was high by 0.204%, and its numerical value was high, the defendant's vehicle was sold even at the time of the confession of the instant crime, and the defendant's family members and his/her assistants exceeded the reasonable scope of sentencing, as well as the fact that the defendant's wife at the time of the Defendant's flight, environment, and circumstances after the instant crime, etc.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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