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(영문) 대전지방법원 2014.09.18 2014노953
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (ten months of imprisonment, two years of suspended execution) is deemed to be too unhued and unreasonable.

B. The sentence imposed by the lower court is excessively unreasonable.

2. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., the Defendant’s punishment imposed by the lower court is too weak or unreasonable, and thus, the prosecutor and the Defendant’s assertion of unfair sentencing is without merit, since it is deemed that the Defendant had the same criminal records more than five times, and the Defendant committed the crime of this case during the period of suspension of execution, and the Defendant’s repeated drinking and driverless driving is considered to require an order to provide community service and to attend compliance driving.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, it is obvious that the omission of “1. Selection of a sentence: Imprisonment” in the “application of the Act” column of Article 3 of the lower judgment is a clerical error, and such ex officio correction is made pursuant to Article 25 of the Rules on Criminal Procedure.

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