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(영문) 대전지방법원 2014.11.20 2014노1758
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty (three million won of a fine) declared by the court below is too unfilled.

2. 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 of this case, the Defendant’s punishment imposed by the lower court is too unjustifiable and unreasonable, and there is no record of punishment for the crime of violation of the Road Traffic Act after 194, and there is no economic difficulty, and the distance of driving under the instant case does not exceed 500 meters, and there is no record of punishment due to driving under the influence of alcohol, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime of this case, the circumstances before and after the crime, etc.

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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