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(영문) 대전지방법원 2015.06.25 2014노3441
도로교통법위반(음주운전)
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 two years of suspended execution) of the original judgment is deemed to be too unhued and unfair.

2. The instant crime is an unfavorable circumstance, such as that the Defendant driven a vehicle while under the influence of alcohol 0.192% of blood alcohol concentration, with a significant blood alcohol concentration, causing danger by shocking the parked vehicle, and that there was a record of being punished several times for the same kind of crime.

However, considering the following circumstances: (a) the Defendant’s mistake is divided in depth and reflected by the Defendant; (b) is deemed to be a temporary disability class 5; and (c) economic form is deemed not good; (d) the head of a gold, the head of a gold, and the support of his/her father, alone, supports his/her father, etc.; and (e) other various sentencing conditions such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) all the sentencing conditions such as the circumstances after the crime, etc., it is not recognized that the sentence of the lower court is too unreasonable to the extent that it is reversed.

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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